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Witness

A person who testifies under oath; must have personal knowledge of the matter and be competent.

A lay witness must testify from personal knowledge. Refreshing recollection (Rule 612) lets a witness review any item to jog memory, after which the witness testifies from refreshed memory; if memory can’t be refreshed, the recorded-recollection hearsay exception (Rule 803(5)) may allow the record itself to be read in.

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