present recollection refreshed

Under the Federal Rules of Evidence , a witness must testify from the basis of their current recollection, they cannot read from a document. However, if a witness forgets something they at one time knew and had personal knowledge of, they may be shown a writing to refresh their memory. The writing or document used by the witness to refresh their memory cannot be admitted as evidence or read to the jury, it can only be used to refresh the witness's memory of something they once knew.

Keywords

wex