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Source Evidence Complete MBE Foundation List Showing the closest available flashcard practice.

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During direct examination, Witness says she cannot remember the serial number on a machine. Counsel shows her a maintenance log. After reviewing it silently, Witness says she now remembers the number and states it aloud. Opposing counsel asks to inspect the log.
Which statement is most accurate?

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The witness must read the writing aloud before answering from memory. If the writing is used to refresh the witness's memory while testifying, the adverse party is entitled to inspect it, cross-examine the witness about it, and introduce any portion that relates to the witness's testimony. The writing may refresh memory only if it would independently be admissible. The writing may be used to refresh memory only if it was created by the witness.

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