True or False: A witness may use any writing to refresh their memory while testifying.

The correct assertion is that a witness may indeed use any writing to refresh their memory while testifying. This practice is common in legal proceedings to help witnesses recall specific details that may be unclear during their testimony. The use of written notes, documents, or any other forms of writing can assist the witness as long as the content of the writing pertains to their memory of the events they are testifying about.

In legal contexts, the underlying principle is that testimonies should be accurate and reliable. Allowing a witness to refer to written materials for the purpose of refreshing their memory helps ensure the information they provide is as precise and truthful as possible. This enhances the integrity of the testimony and, consequently, the entire judicial process.

Other options suggest restrictions that do not align with the general practice. While judges maintain authority over courtroom procedures, the blanket assertion that a witness can only use writing if instructed by a judge doesn’t reflect usual practice, as witnesses often utilize their own materials to refresh memory without needing prior judicial permission. Similarly, suggesting the writing must pertain directly to the case overlooks the broader allowance for any relevant writing that may aid memory recall.