Hearsay Admission (Model Examination)

Refresh (Jogging Memory)

• exhaust memory that is responsive to question.
• confirm that it all they can remember.
• confirm that they had a memory in the past and are having trouble recalling it.
• ask whether whether review of <document> would assist in jogging their memory.
• seek direction from the court.
• provide <document> to witness and direct them to the page(s).
• tell them to read it silently and notify you when they are done.
• ensure they are not looking at the document when they are answering questions.

Refresh (Coffin procedure)

• Prove prior statement:
  • confirm they gave a prior statement, the date and time.
  • show them the statement and see if they recognize it. Confirm any signature of theirs.
  • confirm who are the parties to the statement, including the officer.
  • confirm that it is their statement that they gave.
  • IF the witness denies it, you will have to call the officer who took the statement.
• refresh memory:
  • confirm they had a chance to read it after they wrote it.
  • confirm they had a chance to make changes and determine whether they did.
  • re-ask the initial question.