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2021

Federal Rule of Evidence 803(5)

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Recollections Refreshed And Recorded, Leonard M. Niehoff Jan 2021

Recollections Refreshed And Recorded, Leonard M. Niehoff

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Witnesses forget stuff. When they do, the evidence rules give us two tools to help solve the problem. Lawyers call one "refreshed recollection" and the other "past recollection recorded," labels just similar enough to guarantee confusion. Nevertheless, these principles get at very different things and are well worth the effort necessary to distinguish and understand them.

So how do we get there?