Legal Definitions - Past Recollection Recorded

Past Recollection Recorded

Past Recollection Recorded is a rule in the Federal Rules of Evidence that allows a witness to read a written statement to the jury if certain conditions are met. These conditions include:

• The witness must have had personal knowledge of the writing at some point in the past.
• The witness must have forgotten the details of the writing and showing the writing to the witness does not help them remember.
• The writing was either made by the witness or adopted by the witness.
• The writing was made when the event was fresh in the witness's memory.
• The witness can attest that the writing was accurate when it was made.

An example of Past Recollection Recorded could be a witness who wrote down the license plate number of a car involved in a hit-and-run accident. If the witness forgets the license plate number but has the written statement they made shortly after the accident, they could read that statement to the jury.

Another example could be a witness who wrote down the details of a conversation they had with someone who is no longer available to testify. If the witness forgets the details of the conversation but has the written statement they made shortly after the conversation, they could read that statement to the jury.

These examples illustrate how Past Recollection Recorded allows a witness to use a written statement to help them remember important details about an event. This can be helpful in cases where a witness's memory has faded over time or where the witness is unable to testify in person.