This preview shows page 1. Sign up to view the full content.
Unformatted text preview: esh in memory Lists were basically admitted into evidence because Farid read straight from them and that violates recorded statement provisions 803(5). Holding: The lists were properly used as a device for refreshing memory...Farid and antique dealer testified from present recollection "The defense had at its disposal the customary opportunities and all the necessary material to test the witness' recollection and other testimonial qualifications..it might well have put Doris through every cross-examination with respect to each chattel she identified on direct." Notes: IF the witness appears to be simply reading the document, that calls into question whether it is actually being used to refresh their memory! Up to trial judge to determine whether the device of refreshing recollection is merely a subterfuge to improperly suggest to the witness the testimony expected of him S&A PAINTING CO. v. O.W.B. CORP. [Witnesses: Writing Used to Refresh Memory FRE 612]
Facts: Civil action for damages arising from a contract dispute. Defendants deposed N who during deposition referred to 24 pages of handwritten notes, prepared earlier at the request of counsel. Defendants seek product...
View Full Document