How should a document used to refresh a witness's memory be handled in court?

In a courtroom setting, when a witness's memory is refreshed using a particular document, the handling of that document is guided by rules regarding evidence and witness testimony. The correct handling procedure is that opposing counsel can inspect the document, but the jury does not see it immediately. This is because the purpose of refreshing a witness's memory is to assist in eliciting accurate testimony from that witness, not to present the document as evidence itself.

By allowing opposing counsel access to the document, it ensures fairness and provides an opportunity for any evaluation of its relevance or potential prejudicial nature before it can be shown to the jury. This prevents the jury from forming opinions based on information that is not fully vetted or admissible under the rules of evidence.

In contrast, the options suggesting that the jury must see the document immediately or that it can be shown directly to the jury do not align with these principles, as does the idea that the document must be submitted for review only to the judge without allowing opposing counsel access. Understanding this process is crucial in legal practice to uphold the integrity of the trial and the evidentiary standards being observed.