Past Recollection Recorded

Under the Federal Rules of Evidence, a hearsay exception exists that allows a witness to read a writing to the jury if: (1) the witness once had personal knowledge of the writing; (2) if the witness now forgets the writing and showing the writing to the witness does not jog his or her memory; (3) the writing was either made by the witness or adopted by the witness; (4) the writing was made when the event was fresh in the witness’s memory; and (5) the witness can attest that, when made, the writing was accurate.

 

 

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