If memory refreshment is used and the writing is not introduced as an exhibit, what is the writing's evidentiary status?

If memory refreshment is used and the writing is not introduced as an exhibit, what is the writing's evidentiary status?

• A. It is not evidence of a fact; only memory refreshment occurs.
• B. It is admissible as evidence of the fact.
• C. It becomes a separate memorandum of the court.
• D. It is hearsay.

Answer: (A)

Memory refreshment lets a witness use a writing to jog memory, but when that writing isn’t introduced as an exhibit, the document itself isn’t evidence of any fact. The only evidence is the witness’s updated testimony based on their memory. The writing may be shown to the witness and perhaps inspected by the parties, but it isn’t read into evidence to prove the matter unless it’s formally admitted as an exhibit.

Memory refreshment lets a witness use a writing to jog memory, but when that writing isn’t introduced as an exhibit, the document itself isn’t evidence of any fact. The only evidence is the witness’s updated testimony based on their memory. The writing may be shown to the witness and perhaps inspected by the parties, but it isn’t read into evidence to prove the matter unless it’s formally admitted as an exhibit.