Legal Definitions - refresh one's memory

In legal proceedings, refresh one's memory refers to a process where a witness, who has stated they cannot recall specific details about an event or a prior statement, is shown a document, exhibit, or a transcript of their own previous testimony to help them remember. This procedure is designed to prompt the witness's recollection, not to introduce new evidence through the item itself. For this to occur, the witness must first acknowledge their lack of memory, and the attorney must establish that the item being used to refresh their memory is genuine and was created by or known to the witness.

Here are some examples illustrating this concept:

• Example 1: Car Accident Witness

  Imagine a witness testifying in a car accident case. When asked about the exact color of one of the vehicles involved, the witness states, "I remember it was a dark color, but I can't recall if it was blue or green." The attorney then shows the witness a copy of the statement they gave to the police immediately after the accident, which clearly describes the car as "dark blue." After reviewing their statement, the witness then confidently testifies that the car was indeed dark blue.

  This illustrates refreshing one's memory because the witness initially couldn't recall a specific detail, and their own prior written statement (a document) was used to prompt their accurate recollection of that detail.

• Example 2: Business Contract Dispute

  During a trial concerning a breach of contract, a business executive is asked about the specific date a crucial meeting took place where key terms were discussed and agreed upon. The executive responds, "I know the meeting happened, but I can't pinpoint the exact date; it was quite some time ago." The attorney then presents the executive with a copy of their own calendar entry from that period, which clearly marks the meeting date. After reviewing the calendar, the executive states the precise date of the meeting.

  Here, the executive's personal calendar entry (a document) serves to refresh their memory about the precise date of the meeting, which they had initially forgotten, allowing them to provide accurate testimony.

• Example 3: Police Officer Testimony

  A police officer is testifying about an arrest made over a year ago. When questioned about the specific items found on the suspect during the search, the officer hesitates and says, "I recall finding several items, but I can't list them all from memory right now." The prosecutor then hands the officer a copy of the official arrest report the officer filed immediately after the incident. After reviewing the report, the officer is able to accurately list all the items recovered from the suspect.

  This is an instance of refreshing memory because the officer, having forgotten specific details due to the passage of time, uses their own previously written report (a document) to accurately recall and state the items found, ensuring their testimony is complete and precise.