Is there an abuse of discretion or discretion in a decision to replay a conversation between plaintiff and defendant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Felix-Rodriguez, 22 F.3d 964 (9th Cir. 1994):

We review for an abuse of discretion the district court's decision to replay the tape-recorded conversation. See United States v. Sacco, 869 F.2d 499, 501 (9th Cir.1989). "Undue emphasis of particular testimony should not be permitted after the jury has begun deliberations." Id. (internal quotations omitted). "Our concern with rereading or replaying testimony is that, in addition to the delay involved, it may place undue emphasis on testimony considered a second time at such a late stage of the trial." Id. However, the district court has wide latitude to determine whether or not to replay testimony and should consider the likelihood of undue emphasis in light of the particular circumstances of any given case. Id.

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