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Victim is Evasive or Claims not to Remember

Introduction

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If the victim testifies, but is evasive or claims not to remember what happened,

then the prosecutor may introduce prior statements of the victim that are:

Excited utterances (Rule 11-803(B))

Present sense impressions (Rule 11-803(A))

Statements of identification (Rule 11-801(D)(1)(c)

or the prosecutor may attempt to:

Refresh the witness's present recollection (Rule 11-612)

Introduce the witness's past recorded recollection (Rule 11-803(e))



Copyright Institute of Public Law
Judicial Education Center
MSC11 6060
1 University of New Mexico
Albuquerque, NM 87131-0001
505-277-5006
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