Legal Definitions - memoriter

Memoriter is an adverb used to describe something done or recalled from memory, or by recollection, without the aid of notes, documents, or other external references.

Here are some examples illustrating the use of "memoriter":

• Imagine a witness in a court case describing a car accident they observed. If the witness recounts the sequence of events, the colors of the cars involved, and the approximate time of the incident purely from their personal recollection, without referring to any written notes or a police report, they are providing testimonymemoriter.

  This illustrates memoriter because the witness is relying solely on their internal memory to recall and present the facts of the event.

• Consider a situation where two business partners had an important oral agreement years ago, but no written contract was ever created. If one partner is later asked in a deposition to state the exact terms of that original agreement, and they recite the key provisions, responsibilities, and financial arrangements based entirely on what they remember from the time of the discussion, they are recalling the agreement memoriter.

  This demonstrates memoriter because the partner is reconstructing the details of a past agreement using only their memory, without any physical document to consult.

• A seasoned expert witness, such as a forensic accountant, might be asked during cross-examination about specific financial data points from a complex report they authored months ago. If the expert confidently provides precise figures, dates, or calculations without needing to consult the physical report or their working papers, they are testifying memoriter.

  This example shows memoriter as the expert is drawing upon their deep understanding and recall of the subject matter to provide detailed information directly from their mind.