Recorded Recollection

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:

  1. 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.
  2. The recorded recollection must have been created at a time when the witness could adequately remember the matter.
  3. Finally, the recorded recollection must have a high likelihood of reflecting the witness’s knowledge accurately.
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