Episode 6 - Using FRE 612 to Obtain Documents Used by Deponents to Refresh Recollections

The documents reviewed by deponents in order to refresh their recollections, before their upcoming testimony, can be of critical value. What did they look at? Is it something you even knew existed? You may need to get your hands on them. But there's a right way, and a wrong way, to lay the foundation in order to compel their production. In this podcast, we explain how to do it, using Federal Rule of Evidence 612.SHOW NOTES (Added after original episode publication date)J & R Passmore, LLC, et al. v. Rice Drilling D, LLC, 2021 WL 4810150 (S.D. Ohio Oct. 15, 2021) (court deemed attorney-client privilege waived as to meeting minutes and emails used by corporate representative to refresh her recollection for the purpose of testifying in deposition)