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Simple English definitions for legal terms
refreshing memory
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A quick definition of refreshing memory:
Refreshing memory is when someone's memory is improved by looking at a document that talks about the things they need to remember. This document is just used to help them remember and is not used as evidence in court. It is also called refreshing recollection or present recollection revived.
A more thorough explanation:
Refreshing memory is a legal term that refers to a witness's memory being enhanced by a document that describes the relevant events. This document serves as a memory stimulus and is not admitted as evidence in court.
For example, if a witness is asked about an event that happened a long time ago and cannot remember the details, they may be shown a document such as a police report or a diary entry that describes the event. This can help the witness remember the details and provide a more accurate testimony.
Refreshing memory is different from past recollection recorded, which refers to a witness's statement that was recorded at an earlier time and is now being used as evidence in court.