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Federal Evidence • Examination of Witness
EVID#010
Legal Definition
A witness may use any writing or thing for the purpose of refreshing their present recollection. They cannot read from it (because the writing is not admissible evidence), and the writing should be shown to the adverse party for use in cross-examination.
Plain English Explanation
It's not uncommon for witnesses to need help jump-starting their memory. If a witness forgets something important they saw or heard, they can use notes or other things to help them remember. Imagine you're trying to tell a story but suddenly can't remember an important detail. You might look at a photo or a note to jog your memory. In court, witnesses can do something similar. If they're struggling to recall something while testifying, they can use anything that helps them remember, like a written note or an object related to the event. This helps them give accurate and complete information. However, they can't just read from this item as their testimony; they have to speak from their own refreshed memory. Also, to keep things fair, the item they use must be shown to the lawyer on the other side. This way, that lawyer can ask questions about it, ensuring the witness's memory is accurate and reliable.
Hypothetical
Hypo 1: Sam is testifying about a contract he signed with Bob. He can't remember the exact date of the contract. Sam is given a copy of the contract to look over, which helps him remember the date. Result: Sam's recollection is refreshed by the contract, making his testimony about the date more accurate. The contract is also provided to Bob's lawyer for further questioning.
Hypo 2: In court, Bob is questioned about a specific event. He's given a small object he had with him at that time, which helps him recall the event more vividly. Result: Bob's memory is refreshed by the object, allowing him to provide a more detailed account. The object is shown to Sam's lawyer to check its relevance and authenticity.
Hypo 3: Bob, while testifying, starts reading a statement he prepared beforehand to answer all questions. Result: This is not allowed as Bob is reading directly from a prepared statement, not using it to refresh his memory. His action doesn't comply with the rule of refreshing present recollection.
Hypo 2: In court, Bob is questioned about a specific event. He's given a small object he had with him at that time, which helps him recall the event more vividly. Result: Bob's memory is refreshed by the object, allowing him to provide a more detailed account. The object is shown to Sam's lawyer to check its relevance and authenticity.
Hypo 3: Bob, while testifying, starts reading a statement he prepared beforehand to answer all questions. Result: This is not allowed as Bob is reading directly from a prepared statement, not using it to refresh his memory. His action doesn't comply with the rule of refreshing present recollection.
Visual Aids
