Past recollection recorded is a hearsay exception that allows reading the content of a record when the witness cannot recall.

Enhance your Bar Exam preparation with Themis Bar Exam Quiz. Use hints and multiple choice questions to sharpen your understanding. Excel in your Bar Exam!

Past recollection recorded lets a witness read aloud a record that reflects what the witness once knew, when the witness cannot recall the facts themselves. The idea is to rely on a note or writing made at or near the time of the events by someone with knowledge (or adopted by the witness) so that the contents accurately reflect the witness’s prior knowledge. If the witness cannot remember well enough to testify fully, the content of that record can be read into the record for the jury to consider. The writing need not be introduced as a separate exhibit or admitted as substantive evidence; it is read to the jury to convey the information the witness once possessed. This prevents a fair result when memory has faded by using a contemporaneous record of the witness’s knowledge.