Posted On: August 4, 2008 by John Watts & M. Stan Herring

Trial Tip - Past Recollection Recorded

Elliott Wilcox has a short article that really captures the meaning of this somewhat obscure rule of evidence. This is used when your witness at one time knew the answer, and recorded that answer in writing, but now cannot remember it. Even when showed the document there is still no memory. What do you do?

Read this fine article for the answer and sign up to get these trial tips from Elliott delivered to your email every Friday. We look forward to them every week.