Legal Definitions - refreshing memory

Refreshing memory is a legal procedure that allows a witness, while giving testimony in court, to review a document or object to help them recall facts or events they once knew but have temporarily forgotten. The primary goal is to stimulate the witness's actual memory, enabling them to testify from their own revived recollection rather than simply reading information directly from the document. The document itself is typically not admitted into evidence by the party using it to refresh the witness's memory.

Here are some examples illustrating how refreshing memory works:

• Imagine a witness testifying about a complex construction project they managed two years ago. When asked about the exact date a specific subcontractor began work, they might hesitate, stating they can't recall the precise day. The attorney could then show the witness a copy of the project's daily logbook, which the witness personally maintained. After reviewing the logbook, the witness might confidently state, "Ah yes, now I remember, they started on April 15th." In this scenario, the logbook served to refresh the witness's memory, allowing them to provide accurate testimony based on their revived recollection, not just by reading from the logbook.

• Consider a police officer testifying about details from a crime scene they investigated several months prior. While they remember the general layout and key evidence, they might struggle to recall the exact serial number of a recovered firearm. The prosecutor could present the officer with a copy of their official incident report, which includes the firearm's serial number. After looking at the report, the officer can then testify to the correct serial number, explaining that reviewing their report brought the specific detail back to mind. This demonstrates refreshing memory because the report helped the officer recall a specific piece of information they had previously documented.

• A financial analyst is testifying in a fraud case about a series of suspicious transactions that occurred over a period of several months. They recall the general pattern of the transactions but struggle to remember the exact amounts and dates of each individual transfer. Their attorney could provide them with a spreadsheet they created at the time, detailing all the transactions. After reviewing the spreadsheet, the analyst can then accurately testify about the specific amounts and dates of each transfer, having had their memory refreshed by their own detailed records.