What is the test for using a computer to refresh the memory of a witness?
federal, United States of America
The following excerpt is from Asphalt Professionals, Inc. v. Davis (In re Davis), Adv. Pro. 1:10-ap-01354-VK, BAP No. CC-18-1158-FKuTa, BAP No. CC-18-1163-FKuTa (B.A.P. 9th Cir. 2019):
"Under Federal Rule of Evidence 612, a witness may use a writing to refresh his or her recollection only if (1) the witness requires refreshment, and (2) the writing actually refreshes the witness's memory." United States v. Carey, 589 F.3d 187, 190 (5th Cir. 2009). "[T]he admissibility of testimony accompanied by a Rule 612 refreshment does not depend upon the source
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