CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Direct Exam
......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.