
Conduct of Trial - Questions for Refreshing Witness Recollection
(By Counsel)
Q. I draw your attention to __________.
A. Yes[1]
Q. Do you recall having a conversation with ____at _________on __________with regard to __________?
A. Yes
Q. Please tell the court what you said to her and what she said to you.
A. I cannot recall exactly what was said.
Q. Do you have anything in your possession which will enable you to refresh your recollection?
A. Yes, I have notes that I made shortly after the conversation.
Q. Would you like to look at the notes to refresh your recollection?
A. Yes.
(By Counsel)
Please do so. [Wait for witness to review notes]
When witness is finished reviewing notes.
(By Counsel)
Q. Are you finished?
A. Yes
Q. Please set aside your notes.
A. Yes
Q. Have you refreshed your recollection?
A. Yes
Q. Do you now recall having a conversation with ____at _______on __________with regard to __________?
A. Yes
Q. Do you now recall what you said to_____and what ____said to you?
A. Yes
Q. Please tell the court what you said to ____and what ____said to you.
[1] Answers to questions are for purposes of example.
(By Counsel)
Q. I draw your attention to __________.
A. Yes[1]
Q. Do you recall having a conversation with ____at _________on __________with regard to __________?
A. Yes
Q. Please tell the court what you said to her and what she said to you.
A. I cannot recall exactly what was said.
Q. Do you have anything in your possession which will enable you to refresh your recollection?
A. Yes, I have notes that I made shortly after the conversation.
Q. Would you like to look at the notes to refresh your recollection?
A. Yes.
(By Counsel)
Please do so. [Wait for witness to review notes]
When witness is finished reviewing notes.
(By Counsel)
Q. Are you finished?
A. Yes
Q. Please set aside your notes.
A. Yes
Q. Have you refreshed your recollection?
A. Yes
Q. Do you now recall having a conversation with ____at _______on __________with regard to __________?
A. Yes
Q. Do you now recall what you said to_____and what ____said to you?
A. Yes
Q. Please tell the court what you said to ____and what ____said to you.
[1] Answers to questions are for purposes of example.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
Joel R. Brandes Consulting Services, Inc.
2881 NE 33rd Court (At Dock) Ft. Lauderdale, Florida 33306. Telephone (954) 564-9883. email to:divorce@ix.netcom.com. Joel R. Brandes Consulting Services, Inc is a Florida corporation which is owned and operated by
Joel R. Brandes of The New York Law Firm of Joel R. Brandes. P.C. |
This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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