Witnesses

Question 1

Personal Knowledge (602)

Answer 1

Requires W to comprehend, remember, and communicate

If W can’t recall, can’t testify from personal knowledge

Exception: Experts do not need to have personal knowledge

Question 2

Refreshing Recollection (612)

Answer 2

This rule gives an adverse party certain options when a witness uses a writing to refresh memory:
(1) while testifying; OR
(2) before testifying, if justice requires