When a witness's memory is refreshed using a writing, who may examine and question the witness about the writing?

When a witness's memory is refreshed using a writing, who may examine and question the witness about the writing?

• A. The witness's opponent or the court.
• B. The adverse party may examine and question the witness about the writing.
• C. Only the judge may examine the writing.
• D. The witness may not discuss the writing.

Answer: (B)

When a witness uses a writing to refresh memory while testifying, the writing becomes a tool for both sides to handle with fairness. The key rule is that the adverse party has the right to inspect that writing and may question the witness about it. This prevents the refresh from slipping in as an unseen aid and lets the other side probe what memory the writing helped recall or verify. The judge oversees the procedure, but the actual examination about the content of the writing is done by the opposing counsel through cross-examination. The witness can discuss the writing only insofar as it relates to the refreshed memory during that cross-examination.

When a witness uses a writing to refresh memory while testifying, the writing becomes a tool for both sides to handle with fairness. The key rule is that the adverse party has the right to inspect that writing and may question the witness about it. This prevents the refresh from slipping in as an unseen aid and lets the other side probe what memory the writing helped recall or verify. The judge oversees the procedure, but the actual examination about the content of the writing is done by the opposing counsel through cross-examination. The witness can discuss the writing only insofar as it relates to the refreshed memory during that cross-examination.