Evidence-Wellborn SU2006 Outline

Controversy about the opponents right to the document

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Unformatted text preview: ading question: Did you buy approximately 1199 pounds of metal back at that time? Appellants objected Objection sustained Question rephrased: "How much of the virgin nickel did you buy?" Issue: Was the rephrasing of the question proper relief for the earlier leading question or did the trial court err? Holding: The remedy for objectionable leading is to force counsel to rephrase the question in a non-leading way. Trial court did not abuse its discretion in allowing the rephrased question to be admitted. READ NOTES ON OTHER OBJECTIONS "TO THE FORM OF THE QUESTION" pg. 379 Witnesses: Writing Used to Refresh Memory [FRE 612] FRE 612: Writing Used to Refresh Memory. Except as otherwise provided, if a witness uses a writing to refresh memory for the purpose of testifying either (1) while testifying, or (2) before testifying (if the court in its discretion determines it is necessary in the interest of justice), an adverse party is entitled to have the writing produced at the hearing, to inspect it, to crossexamine the witness thereon, and to intr...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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