Legal Definitions - refreshing memory

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.