If a document is used to refresh recollection, what can opposing counsel do with that document?

When a document is used to refresh a witness's recollection, opposing counsel has the right to inspect it. This principle is based on the idea that if a witness has relied on a document to remember facts, the opposing party should have the opportunity to review that document to understand the context of the witness's recollection and to ensure that the evidence is presented fairly.

Access to the document is crucial for the opposing party to evaluate the credibility of the witness's testimony and to prepare for cross-examination. This inspection right aligns with the broader goals of discovery in litigation, which are to promote transparency and prevent surprise during trial. The opposing counsel cannot ignore the document entirely, as they need to challenge or support the testimony based on what has been recalled. Additionally, they cannot alter the content of the document, as that would compromise the integrity of the evidence. Keeping the document confidential isn't applicable in this context, as inspection by the opposing counsel is allowed and even encouraged to uphold the fair trial rights of both sides.