Legal Definitions - Past Recollection Recorded

Past Recollection Recorded is a legal rule that allows a witness in court to read from a document they previously created or adopted, even if they can no longer remember the specific details of the event described in that document. This rule is an exception to the general prohibition against "hearsay" (out-of-court statements offered in court for their truth), because the document was created at a time when the witness's memory was fresh and accurate.

For a document to be admitted under this rule, several specific conditions must be met:

• The witness must have personally observed the event or facts described in the document.
• The witness must now genuinely have forgotten the details of the event, and even looking at the document does not help them recall the information independently.
• The witness must have either written the document themselves or reviewed and adopted it as accurate at the time it was made.
• The document must have been created when the event was still fresh in the witness’s memory.
• The witness must be able to confirm that the document was accurate when they made or adopted it.

Here are some examples illustrating how "Past Recollection Recorded" might apply:

• Example 1: The Police Officer's Accident Report

  A police officer investigates a complex traffic accident involving multiple vehicles and witnesses. They take detailed notes at the scene, including measurements, witness statements, and vehicle damage. Six months later, the officer is called to testify in a civil lawsuit related to the accident. Due to the passage of time and having investigated many other incidents since, the officer cannot recall all the specific details of this particular accident, even after reviewing their notes. Under the rule of Past Recollection Recorded, the officer can read relevant sections from their original, detailed notes to the jury because they personally observed the scene, made the notes when the event was fresh, confirmed their accuracy at the time, and now genuinely cannot remember the specifics without the notes.

• Example 2: The Nurse's Patient Chart

  A nurse works in an emergency room and meticulously documents a patient's vital signs, symptoms, medications administered, and the doctor's orders during a critical overnight shift. Two years later, the patient sues the hospital for alleged negligence during that shift. The nurse is called to testify but, having cared for thousands of patients since then, cannot recall the specific details of that particular patient's condition or treatment without referring to the chart. Even looking at the chart doesn't bring back a vivid, independent memory; it merely confirms what was written. The nurse can read from the patient's medical chart (the "past recollection recorded") because they personally observed and documented the patient's care, made the entries contemporaneously when the events were fresh and accurate, and now cannot independently recall the specifics.

• Example 3: The Auditor's Financial Review

  An independent auditor conducts a thorough review of a company's financial records, identifying several suspicious transactions. They create a detailed report summarizing their findings, including specific dates, amounts, and account numbers. Years later, the company's CEO is prosecuted for fraud, and the auditor is called as a witness. While the auditor remembers the general nature of the fraud, they cannot recall the exact figures, dates, or specific transaction details from their memory, even after glancing at their report. The auditor can read relevant sections from their audit report (the "past recollection recorded") to the jury. They personally conducted the audit, created the report when the financial data was fresh in their mind, confirmed its accuracy at the time, and now rely on the report because their independent memory of the precise details has faded.