When a witness uses a writing to refresh memory, to whom must a clean copy be shown?

When a witness uses a writing to refresh memory, to whom must a clean copy be shown?

• A. Opposing counsel.
• B. The court.
• C. The witness.
• D. The jury.

Answer: (A)

When a witness uses a writing to refresh memory, the material used must be available to the opposing side. The rule requires that a clean copy of the writing be shown to opposing counsel so they can inspect it and use it to cross-examine the witness if needed. This safeguards the fairness of the trial by preventing hidden aids from influencing testimony and lets the other side know exactly what memory-refreshing aid was relied on. The copy isn’t typically shown to the jury as part of the testimony, and while the court may require production, the primary obligation is to provide the opposing counsel with access to the writing.

When a witness uses a writing to refresh memory, the material used must be available to the opposing side. The rule requires that a clean copy of the writing be shown to opposing counsel so they can inspect it and use it to cross-examine the witness if needed. This safeguards the fairness of the trial by preventing hidden aids from influencing testimony and lets the other side know exactly what memory-refreshing aid was relied on. The copy isn’t typically shown to the jury as part of the testimony, and while the court may require production, the primary obligation is to provide the opposing counsel with access to the writing.