Section 9.22 Refreshing Recollection

• Library: Civil Trial Practice 2015 Supp

3. (§9.22) Refreshing Recollection

It is very important that a trial attorney have a working knowledge of the proper manner to refresh the recollection of a witness because all too often, even after careful preparation, a witness forgets an important point in his or her testimony. In those circumstances, if the witness has prepared a report about the incident or has previously given a written or recorded statement, the recollection of the witness can be refreshed.

There are two ways to refresh recollection. After the witness testifies that he or she has no present recollection of the point, the examining attorney may ask...