How do I refresh recollection?

If the witness answers in the affirmative, the party then takes the document away from the witness and asks the witness to answer the question that led to the failure of memory. The testimony the witness gives after reviewing the document is sometimes referred to as “present recollection refreshed.”

How do you refresh a recollection mock trial?

Refreshing recollection is not limited to written documents. As MRE 612 states “If a witness uses a writing, recording or object to refresh his memory for the purposes of testifying …” Or, as a law professor eloquently put it, you can use a pencil or a flower pot, if that will do the job.

Can past recollection recorded be admitted into evidence?

A recorded recollection (sometimes referred to as a prior recollection recorded), in the law of evidence, is an exception to the hearsay rule which allows witnesses to testify to the accuracy of a recording or documentation of their own out-of-court statement based on their recollection of the circumstances under which …

What is a past recollection recorded?

: a witness’s written account of a past event prepared at a time when his or her memory of it was fresh also : an exception to the hearsay rule allowing admission of such an account into evidence if the witness has insufficient present memory of the event or has no memory of having recorded it but is confident that the …

What’s the difference between past recollection recorded and refreshing?

In the case of “ past recollection recorded ,” the witness fails to have her memory refreshed after being presented with the writing.

Is there a hearsay problem with a refreshing recollection?

Then the witness testifies based on his memory. When you are dealing with a mere refreshing recollection situation, there is no hearsay problem since the witness ends up testifying from memory. The document itself (which would be hearsay since it is an out of court statement) is not serving as the testimony.

When to use the past recollection recorded exception?

(d) the making or adoption occurred while the event was fresh in the witness’s memory; and, (e) the witness can vouch for accuracy of writing when made or adopted. Remember, the past recollection recorded exception does NOT allow the proponent to offer the document as an exhibit.

What can be used to refresh a witness’s recollection?

Any writing or object (e.g., reports, notes, photos, or physical items) may be used to refresh a witness’s recollection regarding the events or facts about which the witness is testifying at a trial, deposition, or any other hearing. See G.S. 8C-612 (a), (b).