Crucial Exams

Multistate Bar Examination Practice Question

During a criminal trial, a witness takes the stand but cannot recall key details of an event they observed three years ago, despite being shown a document they prepared shortly after the event. The document contains detailed observations written by the witness. The prosecution seeks to admit the document into evidence under the rule for past recollection recorded. Which of the following conditions is required for the document to be read into evidence but not admitted as an exhibit?

  • The witness is required to confirm that the document was created or adopted by them when their memory of the event was fresh.

  • The witness must state that reviewing the document has restored their independent memory of the event.

  • The document may require notarization or verification by a third party to satisfy procedural standards.

  • The document needs to be admitted as a physical exhibit if it is read into evidence.

Multistate Bar Examination
Evidence
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