§ 21.01 Introduction

• Jurisdiction: United States

§ 21.01 Introduction

Witnesses, like the rest of us, sometimes forget things. If this occurs at trial, counsel may assist them in refreshing their recollection, perhaps with a writing. This does not mean that the witness may simply read a document to the jury; in many cases that would raise hearsay issues. Instead, the witness is supposed to testify based on her memory, albeit refreshed by the document.

Rule 612 codifies the common law rule on refreshing recollection (also known as present recollection revived). It operates differently depending...