Legal Definitions - recorded recollection

Recorded recollection refers to a legal rule of evidence that allows a witness to testify by reading from a document or record they previously made or adopted, even if they no longer fully remember the details of the event. This rule is an exception to the general prohibition against hearsay evidence, which typically prevents out-of-court statements from being used in court.

For a document to be used as a recorded recollection, several conditions must typically be met:

• The witness once had personal knowledge of the event described in the record.
• The witness made or adopted the record when the event was fresh in their memory.
• The witness now has an insufficient recollection to testify fully and accurately about the event from memory alone.
• The witness can affirm that the record accurately reflects their knowledge at the time it was made.

When these conditions are satisfied, the witness can read the contents of the record into evidence. Importantly, the record itself is usually not admitted as an exhibit unless an opposing party chooses to offer it.

Here are some examples illustrating how recorded recollection applies:

• Police Officer's Report:

  Scenario: Officer Ramirez responded to a burglary call six months ago. Immediately after investigating the scene and interviewing witnesses, she wrote a detailed police report documenting the stolen items, suspect descriptions, and witness statements.

  Application: During the trial, Officer Ramirez is called to testify. While she remembers being at the scene, she cannot recall every specific detail, such as the exact serial numbers of the stolen electronics or the precise wording of a witness's statement, from memory. However, she can review her police report on the stand, confirm that she wrote it accurately at the time when the events were fresh, and then read the relevant details from her report into her testimony. This use of her report is a recorded recollection because she once knew the details, recorded them accurately when fresh, now lacks full memory, and can vouch for the report's accuracy.

• Doctor's Medical Notes:

  Scenario: Dr. Lee performed a complex surgical procedure on a patient two years ago. Immediately following the surgery, he dictated comprehensive notes into the patient's medical record, detailing every step of the procedure, medications administered, and the patient's immediate post-operative condition.

  Application: In a subsequent medical malpractice lawsuit, Dr. Lee is asked to testify about the specifics of that surgery. He no longer has a vivid, minute-by-minute recollection of that particular operation among the hundreds he has performed since. However, he can identify his dictated notes, confirm that they were accurately recorded shortly after the surgery, and then refer to them to provide precise testimony about the procedure. His use of these medical notes to refresh his memory and provide testimony qualifies as a recorded recollection.

• Eyewitness's Written Statement:

  Scenario: David witnessed a car accident at a busy intersection. Immediately after the collision, he pulled out a notepad and wrote down the license plate numbers of both vehicles, their makes and models, and a brief description of how the accident unfolded, while the details were still clear in his mind.

  Application: Nine months later, David is subpoenaed to testify in court. While he remembers seeing the accident and making the note, he cannot recall the specific license plate numbers or the exact sequence of events from memory alone. He is allowed to review his written note, confirm that he accurately recorded the information right after the incident, and then read the details from his note into his testimony. His written statement serves as a recorded recollection, allowing him to provide accurate information despite his current incomplete memory.