In how many cases can a witness use writings or recordings to refresh memory while testifying?

A witness can use writings or recordings to refresh their memory while testifying in both criminal and civil cases. This practice is permitted under the rules of evidence, which recognize that memory can be imperfect and that using external materials can help witnesses provide more accurate and reliable testimony.

In both types of cases, the process involves the witness being allowed to consult the document or recording in order to jog their memory as they testify. This mechanism serves to enhance the truthfulness and completeness of the testimony provided, reflecting the legal system's commitment to ensuring accurate fact-finding.

The ability to use such materials is not limited by the nature of the case—whether it be criminal or civil—therefore validating that witnesses have this option in both scenarios. This approach aims to uphold the integrity of the judicial process by allowing witnesses to recall events more accurately, regardless of the context of the case they are involved in.