Definition - What does Recorded Recollection mean?
Under the Federal Rules of Evidence, a recorded recollection qualifies as a hearsay exception, allowing evidence that would otherwise be excluded as hearsay to be admitted as evidence or an exhibit during trial. The Rules list three requirements before a recorded recollection may be admitted, and these requirements often form the basis of pretrial, evidentiary litigation.
Justipedia explains Recorded Recollection
A recorded recollection, without the exception granted by the Federal Rules of Evidence, would be inadmissible hearsay evidence. To qualify for the exception, a witness’s record must meet the following criteria:
- It must involve a matter that the witness once knew about but is now so far in the past that the witness cannot adequately remember it to give accurate testimony.
- The recorded recollection must have been created at a time when the witness could adequately remember the matter.
- Finally, the recorded recollection must have a high likelihood of reflecting the witness’s knowledge accurately.