Any item may be used to refresh memory. The witness then testifies from restored recollection rather than reading the item, and the item is not evidence unless the adverse party offers it.
The adverse party may inspect and cross-examine on the item.
Alternative Names:
Present Recollection Refreshed|Rule 612
Why it Matters?
Using a privileged document to refresh recollection risks waiver, since Rule 612 gives the adverse party a right to inspect writings used before or during testimony, and courts have ordered production of otherwise protected materials. Reviewing privileged work product with a witness before a deposition therefore carries real exposure. Selecting non-privileged materials for witness preparation avoids the question entirely.
Frequently Confused with
Related terms
Frequently asked questions
Can refreshing recollection waive privilege?
How is the risk avoided?
