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Problems are created by refreshing the witness' memory with a document submitted under present memory revived before he takes the stand. If the witness admits to seeing the document before testifying, the majority does not compel the production of the writing although the trial court may require production. In criminal trials in federal court, the accused has an absolute right to compel production of any document used by a witness whether or not the witness acknowledges referring to the document before taking the stand.

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