August 08, 2017 Articles

Recollections: Refreshed and Recorded

Recollection rules cause confusion among even the most competent and experienced of trial lawyers.

By Cheryl D. Stein – August 8, 2017

Present recollection refreshed and past recollection recorded—two evidence rules that have long common law traditions—cause confusion among even the most competent and experienced of trial lawyers. It is important to understand the foundation required to admit such evidence, which party may move its admission, and the uses to which the evidence may be put once admitted.

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