Evidence: Refreshing Recollection v. Past Recollection Recorded

Present Recollection Refreshed

• Any writing may be used to refresh a witness's memory. Things other than a writing may be used, such a beer, or a photograph
• The witness cannot read from the writing while testifying.
• There is no hearsay problem because the writing is not offered into evidence

Past Recollection Recorded

• Only a writing that meets the (ATM PF) foundational requirements may be used
• There writing itself is read aloud (into evidence)
• This is hearsay, but it falls within a specific exception to the hearsay rule