Present recollection refreshed is a type of aid available to a witness during their testimony; the other type of aid is past recollection recorded. Rule 612 of the Federal Rules of Evidence addresses present recollection refreshed.
Under the Federal Rules of Evidence (FRE), a witness must testify based on their current recollection and cannot read from a document. However, under present recollection refreshed, if a witness forgets something they at one time knew and of which they had personal knowledge, they may be shown a writing or another item to refresh their memory. If this writing refreshes the witness’ memory, the witness can testify from their memory. In State v. Ysut Mlo, the North Carolina Supreme Court noted that a writing, diagram, smell, or even touch could be used to refresh the witness’ memory. The writing or document used by the witness to refresh their memory can only be used to refresh the witness' memory and cannot be admitted as evidence or read to the jury.
Present recollection refreshed does not involve hearsay issues, but past recollection recorded might.
[Last updated in December of 2023 by the Wex Definitions Team]
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