Recollection Refreshed

Question 1

How can one “refresh” the witness’s present recollection?

Answer 1

a witness may examine ny item to “refresh” the witness’s present recollection. the witness’s testimony must be based on the witness’s refreshed recollection, not on the item itself.

Question 2

Requirements for using a writing to refresh a witness’s recollection?

Answer 2

When the item used to refresh a witness’s recollection is a writing, the adverse party is entitled to have the document produce, to inspect the document, to cross-examine the witness about it, and to introduce any relevant portion into evidence.

Question 3

Past Recollection Recorded

Answer 3

a memorandum or record about a matter that a witness once had knowledge of but now has insufficient recollection of to testify may be admissible under a hearsay exception.

Question 4

What is the difference betweenness “Refreshed” and “recorded recollections”

Answer 4

The item used to refresh a witness’s present recollection is generally not admitted into evidence, but a document introduced under the recorded recollection hearsay exception may be