Chapter 12 - § 12.3 REFRESHING RECOLLECTION

• Jurisdiction: Colorado

§ 12.3 REFRESHING RECOLLECTION

Colorado

➢ General. If a witness cannot remember all the facts of which the witness has personal knowledge, then an object or writing may be produced for the witness to refresh the witness's recollection. Montgomery v. Tufford, 437 P.2d 36, 39 (Colo. 1968).

➢ Production of Writings. If a document is used to refresh a witness's recollection either before trial or while the witness is testifying, the adverse party is entitled to inspect the document, cross-examine the witness on the document, and introduce into evidence the portions of the document that relate to the witness's testimony. If a party claims that the writing contains matters not related to testimony, the court shall examine the writing in camera and excise any unrelated portions of the document. Any portion withheld over objections shall be preserved for appellate review. CRE 612.

➢ Past Recollection Recorded. See § 13.4.

➢ Hypnotically Refreshed Testimony. If the admissibility of post-hypnotic testimony is challenged, the proponent of the testimony must prove its reliability by a preponderance of the evidence. People v. Romero, 745 P.2d 1003, 1016-18 (Colo. 1987).

Federal

➢ General. If a witness cannot remember all the facts of which the witness has personal knowledge, then an object or writing may be produced for the witness to refresh his or her recollection. United States v. Johnson, 4 F.3d 904, 915 (10th Cir. 1993).

➢ Production of Writings. If a document is used to refresh a witness's

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