A witness in a contract dispute trial struggles to recall details of a meeting they attended. The attorney shows the witness a memo the witness wrote shortly after the meeting. After reviewing the memo, the witness testifies in detail about the meeting. Which of the following best describes the specific legal concept at work in this situation?
This is an example of refreshing a witness’s recollection under the Federal Rules of Evidence. The attorney utilized an item, in this case a memo, to jog the witness’s memory. Importantly, the memo is not introduced into evidence unless the opposing party requests to inspect or admit it. This differs from a 'past recollection recorded,' where the document itself is read into evidence because the witness cannot recall the event even after reviewing it.
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What does 'refreshing recollection' mean in legal terms?
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What is 'past recollection recorded' and how is it different from refreshing recollection?
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What are the rules regarding the admissibility of a memo used to refresh a witness's recollection?