Legal Definitions - refresh one's recollection

Refresh one's recollection is a legal procedure that allows a witness, who is testifying in court or during a deposition, to review a document or object to help them remember specific details they have forgotten or are struggling to recall. The purpose is not to introduce the document itself as evidence at that moment, but rather to stimulate the witness's memory so they can then testify from their own revived memory. Once their memory is refreshed, the witness must put the document aside and answer questions based on what they now remember, rather than simply reading from the document.

• Example 1: Police Officer Testifying

  A police officer is testifying in a criminal trial about an arrest made several months ago. The prosecutor asks the officer about the exact sequence of events leading up to the arrest, including specific times and the precise words exchanged. The officer hesitates, stating they cannot recall every minute detail due to the passage of time and having handled many similar cases since then.

  This illustrates "refreshing one's recollection" because the officer's attorney might then ask if reviewing the police report, which the officer wrote shortly after the arrest, would help them remember. After reviewing the report, the officer can then confidently testify to the specific times and dialogue, drawing upon their now-refreshed memory of the incident.

• Example 2: Business Executive in a Contract Dispute

  In a lawsuit concerning a breach of contract, a business executive is testifying about a crucial meeting where certain terms were discussed and verbally agreed upon. When asked by the opposing attorney about the exact financial figures or specific deadlines that were decided in that meeting, the executive struggles to recall the precise numbers or dates.

  This demonstrates "refreshing one's recollection" as the executive's attorney could ask if reviewing their contemporaneous meeting notes or an email summary sent immediately after the meeting would help them remember. Once they have reviewed these documents, the executive can then testify to the specific financial terms and deadlines, relying on their revived memory of the meeting's details.

• Example 3: Eyewitness to an Accident

  An eyewitness is testifying in a personal injury trial about a car accident they observed two years prior. The attorney asks the witness to describe the exact color and model of one of the vehicles involved, as well as the precise location of debris on the road immediately after the collision. The witness remembers the general details but struggles with these specific visual elements.

  This is an instance of "refreshing one's recollection" because the witness might be shown a photograph they took with their phone at the scene shortly after the accident, or a diagram they drew for the police. After viewing the photo or diagram, the witness can then accurately describe the vehicle's details and the debris location, testifying from their now-clearer memory of the event.