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Unformatted text preview: oduce in evidence those portions which relate to the testimony of the witness. Texas Rule Differs Here in Criminal Cases:
Federal Rules: Civil cases and criminal cases adversary may inspect writings consulted by a witness to refresh memory before testifying (as opposed to while testifying) only if the court determines that it is necessary in the interest of justice. Texas Rule: Grants an adversary in a criminal case the right to inspect documents used to refresh memory regardless of whether the witness reviews them before or while testifying. Note: The rule applies both when a writing is shown to a witness in an effort to refresh recollection while the witness testifies and before the witness testifies! Present recollection refreshed distinguished from past recollection recorded: Present recollection refreshed procedure by which counsel uses some item in an effort to trigger a witness' faulty memory. If the effort is successful, the witness testifies from his now-revived memory and the writing is not introduced into evidence...
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