The exception applies where the witness once had knowledge, now cannot recall sufficiently, and the record was made when the matter was fresh and accurately reflects the knowledge. The record is read into evidence but not received as an exhibit.
It differs from refreshing recollection.
Alternative Names:
Past Recollection Recorded|Rule 803(5)
Why it Matters?
The record is read rather than admitted as an exhibit unless offered by the adverse party, which limits its impact compared to a document the jury takes into deliberation. That asymmetry means an opponent may prefer to offer the document itself. Establishing that the witness genuinely cannot recall, rather than simply prefers the document, is the foundation courts examine.
Frequently Confused with
Related terms
Frequently asked questions
Is the record admitted as an exhibit?
How does this differ from refreshing recollection?
