Introducing evidence or refreshing recollection?
TC: May I approach the witness?
TC: I’m handing prosecution exhibit 3 to the witness, please look at that.
DC: Can we see that first please?
TC: Your honor we gave a copy of this to the defense in discovery.
DC: Your honor such a comment is improper and unprofessional in front of the members and my client. The trial counsel is seeking to show the defense in a bad light to the members. We’ve been given a lot in discovery, but not the specific exhibit as now being offered. I want to make sure it’s the same exhibit we have and that the trial counsel has not, as some have done, either added or taken out a page from the exhibit, or that there is extra writing on it, or some other alteration since we were given the documents in discovery. And we object as to foundation.
DC: Your honor I’d like to show the witness defense exhibit “C” for identification. I’m handing the trial counsel a copy, I have a working copy for you, and the original is with the court-reporter.
If the counsel was not seeking to make the defense look stupid under the scenario above then they need to review their court-room etiquette.