A witness in a contract dispute trial struggles to recall details of a meeting they attended. The attorney shows the witness a memo the witness wrote shortly after the meeting. After reviewing the memo, the witness testifies in detail about the meeting. Which of the following best describes the specific legal concept at work in this situation?
This is an example of refreshing a witness’s recollection under the Federal Rules of Evidence. The attorney utilized an item, in this case a memo, to jog the witness’s memory. Importantly, the memo is not introduced into evidence unless the opposing party requests to inspect or admit it. This differs from a 'past recollection recorded,' where the document itself is read into evidence because the witness cannot recall the event even after reviewing it.
Ask Bash
Bash is our AI bot, trained to help you pass your exam. AI Generated Content may display inaccurate information, always double-check anything important.
What is the difference between refreshing recollection and past recollection recorded?
Open an interactive chat with Bash
Can any document or item be used to refresh a witness's recollection?
Open an interactive chat with Bash
What opportunities does the opposing party have when a witness's recollection is refreshed with a document?
Open an interactive chat with Bash
Multistate Bar Examination
Evidence
Your Score:
Report Issue
Bash, the Crucial Exams Chat Bot
AI Bot
Loading...
Loading...
Loading...
Pass with Confidence.
Bar Prep Package
You have hit the limits of our free tier, become a Premium Member today for unlimited access.
Military, Healthcare worker, Gov. employee or Teacher? See if you qualify for a Community Discount.
3 Month Pass
$299.99
$99.99/mo
One time purchase of $299.99, Does not auto-renew.
BEST DEAL
Lifetime Pass
$399.99
One time purchase, Good for life.
What You Get
All Bar Prep Package plans include the following perks and exams .