When would a judge likely allow an investigator's handwritten notes to be used in court?

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A judge is likely to allow an investigator's handwritten notes to be used in court primarily when the investigator uses them to refresh her memory while testifying. This process is important because it establishes that the notes can assist the witness in recalling specific details that may have been forgotten or overlooked since the time of the incident. The ability to refresh memory using notes is recognized as a legitimate practice in legal proceedings, and it enhances the credibility of the testimony being provided.

Using handwritten notes in this manner helps ensure that the testimony is accurate and based on the original observations of the investigator, thereby maintaining the integrity of the evidence presented in court. Additionally, since the notes were created contemporaneously with the events being described, they are more likely to reflect a reliable account of the facts involved in the case.

While other options might suggest circumstances where notes could also be considered, they do not provide the same level of assurance for the accuracy or reliability of the testimony. For instance, simply typing up and printing notes does not enhance their credibility as evidence. Similarly, sharing notes with the defense does not automatically mean they are admissible in court, and the mere act of creation at the time of the incident, without the context of using them to refresh memory while testifying, does not

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