What is the test for re-reading testimony in a personal injury case?

MultiRegion, United States of America

The following excerpt is from U.S. v. Weekley, 26 F.3d 135 (9th Cir. 1994):

The decision to allow testimony to be reread is committed to the sound discretion of the trial court, which has great latitude. United States v. Barker, 988 F.2d 77, 79 (9th Cir.1993) (affirming audiotape playback of testimony). Rereading is disfavored because it may place inappropriate emphasis on testimony and cause undue delay. Id. A decision not to reread testimony must be based "on [the] particular facts and circumstances of the case." United States v. Binder, 769 F.2d 595, 600 (9th Cir.1985) (reversing playback of videotape testimony). We have upheld a preliminary instruction that the jury would not be permitted to rehear testimony. United States v. Ratcliffe, 550 F.2d 431, 434 (9th Cir.1976) (judge sought to encourage the jury to pay attention). 2

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