When a document is used to refresh a witness's memory during testimony, which statement is true?

• A. Anything can be used to refresh a witness's memory.
• B. The witness may read aloud from the document.
• C. The opponent may inspect and offer into evidence anything used to refresh memory.
• D. The document is not read into evidence.

Answer: (C)

When a document or other item is used to refresh a witness’s memory while testifying, the key rule is that the opposing party has the right to inspect the item. This ensures the adversary can assess whether the memory refresh is influencing the testimony and can pursue supplementation or impeachment if needed. The document itself isn’t automatically admitted into evidence just because it was used to refresh memory; it can be admitted only under specific conditions—most commonly if the writing is a past recollection recorded or if the witness cannot recall and the writing is being used to read into evidence the memory of the event. So, the essential point is that the other party has the right to inspect the refresh material, and, if it meets the admissibility standards, it may be offered into evidence.