CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Method of Exam: Direct Exam
......Refreshing Recollection
.........In General
7 Cards On This Topic:

Writing used to refresh recollection must be produced at hearing; adverse party may introduce into evidence.

No abuse of discretion in ruling DA should be given defense E's notes used to conclude D's statements involuntary—DA needed to examine tests on which E founded conclusion to cross-examine him effectively [EC 771].

No ineffectiveness of counsel for reading parts of W's prelim hearing testimony to her and not objecting to DA's doing the same where no conceivable prejudice resulted from this questioning technique.

DA's reference to W's prior out-of-court statement was not improper hearsay including inadmissible prior consistent statement, but was admissible to refresh W's recollection.

Where timeline was not admissible evidence, it could not be shown to the jury while being used to refresh witness' recollection.

Document excluded from evidence by trial ct. was properly used to refresh D's witness' recollection and did not have to be disclosed to P in discovery.

Witness may use any writing to refresh recollection.