Evidence-Wellborn SU2006 Outline

Farid and antique dealer testified from present

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Unformatted text preview: (not hearsay) Past recollection recorded When a witness' memory cannot be refreshed...the writing is substituted for the witness' testimony and introduced into evidence under the recorded recollection hearsay exception 803(5). Refreshing recollection before witness testifies: Rule 612 provides that the court may order disclosure if it determines that it is necessary in the "interests of justice". Rule applies only when the purpose of the review was to refresh the witness' recollection for purposes of testifying!! Recorded recollection exception (can read from it, but not admit as an exhibit) Now dealing with a middleground witness has a present memory, but usually cannot sit there and recite all of it (lots of detail cases)....very common thing, people use notes when they have to remember lots of details (using notes, when you are giving a talk) You can use anything that will work to refresh memory: Doesn't have to be made by the witness, doesn't have to be the original...can use anything to refresh the memory of a personal knowledge witness!! Will be marked for identif...
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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.

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