SYCR: Writings in Aid Flashcards
What can be used to refresh a witness’ recollection?
Anything
Can the party refreshing collection offer the item into evidence?
No
Who may offer an item used to refresh rec. into evidence?
Other party
If a witness is unable to remember all or part of the details of a transaction about which she once had knowledge, what may be admitted in place of her testimony?
Her OWN writing (shown to be reliable).
5 foundational requirements for a recorded recollection?
At one time W had knowledge
Writing was made by, under the supervision of, or was adopted by W
The writing was made while W’s memory was fresh
The writing is reliable
W is unable to remember all or part of the TRANSACTION.
Recorded recollections only apply to _______
Transactions
Recorded recollection is exempt from the def or HS or is an exception?
Exception
How is the recorded recollection admitted into evidence?
It is read.