During rehabilitation, what is true about the item used to refresh memory?

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Multiple Choice

During rehabilitation, what is true about the item used to refresh memory?

The item used to refresh memory is not admitted into evidence. When a witness needs to jog their recollection during testimony, any medium that helps—notes, a photo, a chart, or even a prior statement—may be used. The purpose is to restore the witness’s ability to testify from memory, not to prove the content of what’s on the item. Because of that, the item isn’t normally read aloud to the jury and isn’t introduced as evidence of the facts. The opposing side can inspect the item on request, and the court can require production of the original writing, but the item itself generally doesn’t become evidence unless it fits another rule (like a past recollection recorded) that allows it to be admitted for substantive proof.

The item used to refresh memory is not admitted into evidence. When a witness needs to jog their recollection during testimony, any medium that helps—notes, a photo, a chart, or even a prior statement—may be used. The purpose is to restore the witness’s ability to testify from memory, not to prove the content of what’s on the item. Because of that, the item isn’t normally read aloud to the jury and isn’t introduced as evidence of the facts. The opposing side can inspect the item on request, and the court can require production of the original writing, but the item itself generally doesn’t become evidence unless it fits another rule (like a past recollection recorded) that allows it to be admitted for substantive proof.

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