June 01, 2016

From the Bench: Memories

Hon. Samuel A. Thumma

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What a nonparty witness recalls can be admitted in evidence at a civil trial in a variety of different ways. The most common and forceful way for memories to be admitted is a witness’s testimony about what the witness recalls. But there are at least a half dozen other ways such memories are admissible under the Federal Rules of Evidence. Using a simple hypothetical, this article highlights some of these alternatives that should be in every trial lawyer’s evidentiary toolbox.

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