Witnesses: Competency, Examination, Opinion Flashcards
1
Q
Recollection of Memory Refreshed
A
FRE allow a witness’s recollection to be refreshed by just about anything!
* The witness may not read from the writing while he testifies.
* It is used solely to jog his memory.
* Opposing counsel may examine the item being used, and cross-examine the witness about it, but MAY NOT object to it.
2
Q
Prior Recollection Recorded
A
- Witness’s memory is attempted to be refreshed and failed.
- Still cannot remember, the item used to refresh can be READ into the record by the witness IF the proper foundation has been laid.
- Must be a writing made by the witness at a time when the facts were known to him
- Opposing counsel may then offer the “thing” into evidence.
