Refreshing Memory & Recorded Recollection

Question 1

refreshing memory

Answer 1

documents can be used to refresh W’s memory during testimony
- anything can be used to refresh W’s memory

Limitations
1. W must first forget contents during testimony
2. W cannot read aloud
3. Opponent may inspect and offer into evidence
4. NOT read into evidence

NOT hearsay exception

W must forget during testimony first

Question 2

recorded recollection

Answer 2

hearsay exception

contents of a record/document W previously made or adopted is read into evidence

Requirements
1. W once had knowledge of the record’s subject matter
2. W’s memory is insufficient to testify as to the record’s content (refreshing memory was ineffective)
3. record was made or adopted by W when the matter was fresh in W’s memory, and
4. record **accurately reflects **W’s knowledge

try a refresh first