§ 21.02 RATIONALE

• Jurisdiction: United States

§ 21.02. RATIONALE

Rule 612 is based on necessity and the practicalities of trial practice.¹ In the heat of trial (actually, even without much heat) witnesses forget, they omit facts, they get momentarily confused — even concerning important matters and even when the attorneys have prepared them to testify.

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Notes:

^[1] See generally Kalo, Refreshing Recollection: Problems with Laying a Foundation, 10 Rut.-Cam. L.J. 233 (1979); Maguire & Quick, Testimony, Memory and Memoranda, 3 How. L.J. 1 (1957); Hutchins & Slesinger, Some Observations...