Rickabaugh v. Jones, 2019 N.J. Super. Unpub. LEXIS 90, 2019 WL 166656

An expert witness may review and read out loud portions of a document intended to refresh his recollection while testifying at trial.

The defense was questioning an expert witness, a physician. The doctor, who had already been qualified as an expert, had performed an examination of the plaintiff over one year prior to the actual trial. While testifying at the trial, the physician asked to see his initial report on the plaintiff, to refresh his recollection while testifying. Plaintiff’s counsel objected, arguing that the doctor had to testify from his personal knowledge, per Rule 602. The court allowed the doctor to review his own prior records to refresh his recollection and to read portions of the report out loud, which plaintiff’s counsel objected to as hearsay. The court determined that the records were of the physician’s own personal knowledge, which was recorded in the records he was reviewing, and was, therefore, permissible. 


Case Law Alerts, 2nd Quarter, April 2019

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