Thursday, October 31, 2013

Using Documents Not Admitted Into Evidence

Learned this trick a while back which has all kinds of interesting twists.  Lots of times in discovery we get all kinds of documents that will never make it into evidence for whatever reason.  While they may not make it into evidence, the documents may be used to refresh a witnesses memory which kind of backdoors them in.  This can come in handy in items like police reports.  They can be great for cross-examining a witness who suddenly remembers nothing about being arrested. 

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