Past Recollection Recorded is a hearsay exception that allows reading the content of a record into evidence when the witness once had knowledge but 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 party read a record into evidence when the witness once had knowledge of the matter but cannot now recall it well enough to testify fully. The essential idea is to avoid losing the truth because memory has faded, by letting the contents of a properly prepared record stand in for the witness’s recalled memory. For this to work, the witness must acknowledge that at one time they knew the facts, they cannot now recall them sufficiently, the record was made or adopted when the memory was fresh, and the record accurately reflects the witness’s knowledge. The reading is of the writing itself, not new testimony, and the opposing side may inspect the writing. This ensures fairness by tying the recorded content to the witness’s prior knowledge and to contemporaneous recording, rather than requiring perfect recall. It isn’t about reading regardless of recall, it isn’t about requiring perfect memory, and it is recognized under modern rules.