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The Title 28 of the United States Code QUESTION #3739
Question 1
During a trial, a lawyer wants to show a witness a document to help them remember a detail they have forgotten. After looking at the document, the witness says, 'Oh yes, I remember now.' The lawyer then tries to introduce the document itself into evidence. Is the document admissible?
  • Yes, as 'Past Recollection Recorded.'
  • No, under 'Refreshing Recollection,' the document itself is not usually admissible as evidence by the party using it to refresh.✔️
  • Yes, because the witness authenticated it.
  • No, unless it's a 'Business Record.'
Correct Answer Explanation
Under Rule 612 (Refreshing Recollection), the adverse party can have the writing produced and introduced, but the party using it to refresh the witness's memory generally cannot introduce it as an exhibit (unless it meets another exception like 803(5)).