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6 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Refresh recollection |
-When did you make the report? -Close to time -Would it refresh your recollection to look at the report? -I'm handing you [the report/exhibit X]. Do you recognize it? - Without reference to the exhibit, can you tell the jury fully and accurately the information in the report? - If yes, refreshed - If no, go to recorded recollection |
refresh? hand/read silently recognize? did you make? when? fresh memory? accurate at time? without reference, can you tell us..? |
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Recorded recollection |
-*cannot refresh* -Did you make the record? -How did you make it? -When did you make it? -Can you tell us whether the information you wrote in Exhibit X was, at the time you wrote it, fresh in your memory? -Was what you wrote in Exhibit X an accurate account of what you knew about [] at the time? -Your honor, offer ∆ Exhibit X into evidence. [admitted] -Please read Exhibit X to the jury. |
Did you make? How? When? Fresh? accurate at time? *offer* |
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Business records |
As your job, do you [deal with, in some way] records? Are you the custodian of those records? Did you [make, maintain, retrieve] [the file in question]? (If they made it, ask about when, how, why to establish knowledge and credibility) *show exhibit to opposing counsel* I'm showing you what's been marked as exhibit X. Do you recognize it? How do you recognize it? Is it the regular practice of the business to keep this kind of record? Why? [How are records maintained, why they are important, why is it important that they be accurate and easy to find, etc] Did you keep this record in accordance with regular practice in this case? When was the record made? |
custodian? work keeps records? how? why that way? *hand* recognize? kind of record kept it in the way described? this record kept in accordance w/ kept in regular practice? knowledge (did you make? accurate?) |
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Photo |
Were you at [scene] on [date]? *show opposing counsel exhibit* Witness, I'm showing you what's been marked as Exhibit X. Do you recognize it? What is it? What does it show? Does it fairly and accurately represent [] as it looked at the time of []? Is it different in any way? Do you think the photo would help the jury better understand your testimony? *offer* |
personal knowledge *hand* recognize? what? shows? FART NA |
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Facebook post |
Do you have a Facebook page? Was it active on [date]? Who has access to this page? Does anyone have authorization to update or edit this page other than you? How is the page protected? (Hand copy of social media page to witness) do you recognize what I just handed you? What is it? How do you know? Does it appear to be a fair and accurate representation of your [page or post at specific time and date]? Does it appear to be altered in any manner? **Your Honor at this time I would like to enter _____ into evidence as Exhibit__.** |
have FB protected *hand* recognize? what? how do you know? FART? NA? |
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Facebook post of a friend |
Do you know [friend]? Are you friends on any social media platforms? Which ones? Would you recognize a post of a friend if you saw it? How? *Hand copy of exhibit* Do you recognize what I just handed you? How? Does it appear to be a fair and accurate representation of the post that you saw on Facebook around [date]? Does it appear altered in any manner? *You honor, offer exhibit X* |
know person friends on FB can recognize posts how? *hand* recognize? how? FART? NA? |
