CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Method of Exam: Direct Exam
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Refreshing Recollection
.........Inspection of Document Used to Refresh
4 Cards On This Topic:
If writing produced, adverse party may inspect, cross-examine based upon writing, and introduce relevant portion.
Failure to produce medical record used by DA's witness to refresh recollection mandates reversal.
Witness may not use document to refresh recollection then claim document protected as work product.
Party calling adverse witness under Evid. Code §776 does not "produce testimony" within meaning of §771 (c) exception to requirement that documents be produced.