In his Evidence column, Albany Law School professor Michael J. Hutter reviews recent decisions that discussed whether the refreshing recollection doctrine applies to sound recordings sought to be used at trial, and, if so, what adjustments to its basic foundation elements are necessary; whether the doctrine applies when a witness uses a writing in preparation for deposition; and whether the use of a privileged document used by a witness to refresh recollection prior to a deposition effects a waiver of the privilege.
Refreshing Recollection Doctrine Revisited
New York Law Journal
December 6, 2012
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