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Federal Rules of Evidence (US) QUESTION #3786
Question 1
A witness testifies in a robbery trial. To refresh her memory, the prosecutor shows her a diary entry she wrote the day after the robbery. She reads it silently, says 'now I remember,' and continues her testimony. The defense demands to see the diary and introduce it into evidence. Is the defense entitled to this?
  • No, the diary is a private document.
  • Yes, under Rule 612, the adverse party is entitled to have the writing produced, to cross-examine the witness about it, and to introduce any related portion into evidence.✔️
  • Only if the witness actually read the diary aloud to the jury.
  • No, because the diary is hearsay.
Correct Answer Explanation
Rule 612 gives the adverse party the right to inspect any writing used to refresh a witness's memory, to cross-examine with it, and to introduce it into evidence to impeach the witness.