past recollection recorded

past recollection recorded
past rec·ol·lec·tion re·cord·ed /-ˌre-kə-'lek-shən-/ n: a witness's written account of a past event prepared at a time when his or her memory of it was fresh; also: an exception to the hearsay rule allowing admission of such an account into evidence if the witness has insufficient present memory of the event or has no memory of having recorded it but is confident that the account is accurate compare present recollection refreshed
◇ A document containing a past recollection recorded may only be admitted as an exhibit if offered by an adverse party. Otherwise, it may only be read into evidence.

Merriam-Webster’s Dictionary of Law. . 1996.

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  • past recollection recorded — A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable him to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh… …   Black's law dictionary

  • recorded past recollection — In evidence, a document which was prepared at a time when the events recorded were fresh in the mind and memory of the person preparing it may be admissible as an exception to the hearsay rule if, as a preliminary matter, the judge is satisfied… …   Black's law dictionary

  • present recollection recorded — A witness may use any document which helps revive or jog his memory of a past event and such document does not thereby become evidence. His testimony is the evidence though the opponent is entitled to see and examine the document and to impeach… …   Black's law dictionary

  • recollection — I noun afterthought, consciousness, contemplation of the past, memoir, memoria, memory, mental image, mental picture, mindfulness, recall, recognition, recordatio, remembrance, reminiscence, retrospection associated concepts: past recollection… …   Law dictionary

  • recollection — The act of recalling something to mind. In evidence, a person may use almost anything to refresh his recollection of an event in order to testify and the evidence then is his testimony not the document which has refreshed his recollection. A… …   Black's law dictionary

  • present recollection refreshed — present rec·ol·lec·tion re·freshed / ˌre kə lek shən / n: a rule of evidence allowing the use of a writing to jog the memory of a witness and enable the witness to testify about things newly remembered – called also present recollection revived;… …   Law dictionary

  • present recollection revived — The use by a witness of some writing or other object to refresh his recollection so that he may testify about past events from present recollection. Askins v. State, Md.App., 284 A.2d 626, 631. See also present recollection recorded …   Black's law dictionary

  • refreshing recollection — See recollection recorded past recollection refreshing the memory …   Black's law dictionary

  • refreshing the memory — The act of a witness who consults his documents, memoranda, or books, to bring more distinctly to his recollection the details of past events or transactions, concerning which he is testifying. See Fed.Evid.R. 612. See also past recollection… …   Black's law dictionary

  • evidence — Any species of proof, or probative matter, legally presented at the trial of an issue, by the act of the parties and through the medium of witnesses, records, documents, exhibits, concrete objects, etc., for the purpose of inducing belief in the… …   Black's law dictionary

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