Past recollection recorded is an exception to the hearsay rule and is detailed in the Federal Rules of Evidence, Rule 803(5). This rule allows a memorandum or record of an event to be read into evidence if the record:
- Is on a matter the witness once knew about but now cannot recall well enough to testify fully and accurately;
- Was made or adopted by the witness when the matter was fresh in the witness’s memory; and
- Accurately reflects the witness’s knowledge.
In U.S. v. Mornan, the United States Court of Appeals, Third Circuit noted that satisfying this rule requires the witness to have either made the record themselves, or to have reviewed and adopted the statement at a time when the matter it concerned was fresh in their memory.
If the requirements are satisfied, the memorandum or record may be read into evidence or played for the jury, but the recorded recollection itself may not be received as an exhibit unless the adverse party offers it.
[Last updated in November of 2023 by the Wex Definitions Team]
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