Evidence-Wellborn SU2006 Outline

Issue did n by referring to his notes during the

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Unformatted text preview: ication, but it will not be received in evidence or shown to the jury... FRE 612 addresses the matter of the party opponent's right to get their hands on the writing... Would normally be hearsay, but by using this to refresh your party's memory, there is an implied waiver, door opens! Waiver can occur in deposition, doesn't have to be just at trial. Controversy about the opponent's right to the document has been as follows: Common law granted this right only with respect to a document that was used by the witness only during in court examination. Couldn't use documents that the party used outside of court to refresh his/her memory. OPPONENT can introduce evidence of documents used by the party opponent outside of court! Texas Criminal rule! (If the witness acknowledges using any document to refresh memory, the otherside is automatically entitled to the document, it is not up to discretion). Federal Rules congress allowed for introduction of documents used by the party opponent outside of court but made it a matter of discretion! Qualified it:...
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