Section 14.24 Refreshing Recollection With Documents
| Library | Evidence 2017 |
d. (§14.24) Refreshing Recollection With Documents
Use of a protected document for the purpose of refreshing a party’s recollection in a hearing is not sufficient to waive the attorney-client privilege with respect to the document or the subject matter of the document.
When a witness uses a document to refresh recollection before testifying, the testimony is based on personal recollection “not then aided and assisted by . . . notes in hand.” Thus, the testimony is more likely a genuine recollection...
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