Legal Definitions - present recollection refreshed

Present recollection refreshed is a legal principle that allows a witness in court to review a document or item to help them recall details they have forgotten, so they can then testify from their own revived memory. This procedure is used when a witness genuinely struggles to remember specific facts, even though they once had personal knowledge of them.

The crucial aspect of "present recollection refreshed" is that the document or item used to jog the memory does not become evidence itself, nor is it read aloud to the court or jury. Its sole purpose is to stimulate the witness's memory, enabling them to speak from their own independent and now-clearer recollection.

• Example 1: Witness to a Business Meeting

  Imagine a former project manager testifying in a contract dispute about a crucial meeting that took place two years ago. While she remembers the general topics discussed, she cannot recall the exact date of the meeting or the precise wording of a specific agreement made during it. The attorney could then show her a copy of the meeting minutes or an email exchange she sent shortly after the meeting. After reviewing these documents, her memory is refreshed, and she can then confidently state the meeting date and the exact terms of the agreement, testifying from her own now-clearer recollection.

• Example 2: Eyewitness to a Traffic Incident

  Consider an individual who witnessed a hit-and-run accident several months prior. On the witness stand, they can describe the general incident but struggle to recall the exact make, model, or partial license plate number of the fleeing vehicle. The prosecutor could present the witness with the police report containing the statement they gave immediately after the accident. Reading their own words from that time might jog their memory, allowing them to confidently state the vehicle's details and license plate digits they remembered then. They would then testify from this refreshed memory, not by reading directly from the report.

• Example 3: Medical Professional Testifying About Patient Care

  A nurse is called to testify in a medical malpractice case concerning the care provided to a patient three years ago. While she remembers the patient, the specific details of medication dosages, administration times, or particular observations for that exact day are hazy due to the passage of time and caring for numerous other patients. The attorney could present the nurse with the patient's medical chart or her own nursing notes from that specific date. After reviewing these documents, her memory of the exact dosages, times, and observations would be refreshed, enabling her to testify accurately about the care she provided, based on her now-clearer recollection.