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Important Legal Definitions

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Production of Document to Refresh Memory (Section 161 IEA / Section 149 BSA)

Evidentiary Rules & Proof Standards

Definition

The absolute right of the adverse party to see, inspect, and cross-examine the witness upon any document, diary, or writing used by that witness to refresh their memory in the witness box.

Example

When an investigating officer opens their personal pocket diary in the witness box to recall the time of an arrest, defense counsel invokes Section 161 IEA demanding to inspect the page and cross-examine the officer on adjacent entries.