Testifying In Court Practice Exam

What is the role of a witness's memory refreshment regarding the jury reading the writing?

The writing used to refresh memory is shown to opposing counsel and is not read to the jury unless admitted. The writing is always read aloud to the jury. The writing is read only if the witness forgets entirely. The writing is presented as a new exhibit with the jury reading it.

Correct Answer:

The writing used to refresh memory is shown to opposing counsel and is not read to the jury unless admitted.

Explanation:

When a witness uses a writing to refresh memory while testifying, that writing is treated as a memory aid, not as evidence on its own. The opposing party has the right to see the writing, inspect it, and cross-examine the witness about it. The writing is not read to the jury by default; it becomes read to the jury only if the court admits it into evidence or otherwise allows reading it as part of the trial. This setup keeps the memory refreshing tool private unless the writing is formally admitted, balancing the witness’s need to recall with the jury’s need to rely on properly admitted evidence.

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