In his Evidence column, Albany Law School professor Michael J. Hutter reviews recent decisions that discussed whether the refreshing recollection doctrine applies to sound recordings sought to be used ...

“Present recollection refreshed or revived” is the use of a wri@brting, object, or devise to refresh a witness’s recollection so that the witness can testify in court about prior events from present ...

The dangers of limiting instructions are clear—they sometimes exacerbate the impact of the problematic proof, yet we teach Rule 105 as a fix to almost all risky evidence and then proceed under the ...