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Forensic Medicine · Medical law and ethics: refreshing memory in court
Sample itemWhile testifying, a doctor asks to look at the wound certificate he wrote on the day of examination, to recall the findings. What is the legal position?
Original practice item, not a recalled exam question. Nothing here is recorded.
The answer and the reasoning
C. He may refer to it, because he wrote it at the time of the examination
A witness may refresh his memory by referring to a writing made by himself at the time of the event or soon afterwards. The opposite party may see the document and cross-examine on it.
Option by option
A. He may not, because testimony must come from memory alone
Evidence need not be from memory alone, since a contemporaneous note may be used.
B. He may refer only to a note written by someone else
A note by another person is not the usual document; his own record is.
C. He may refer to it, because he wrote it at the time of the examination (correct)
Correct. A contemporaneous writing by the witness may refresh his memory.
D. He may refer to it only with the defence lawyer's consent
The defence lawyer's consent is not required.
Source note: Original NextPrep sample item — pending expert review. This item is original practice material awaiting independent expert review, so confirm important facts in a standard textbook.
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