present recollection refreshed

Present recollection refreshed is an evidentiary rule that permits a witness to use a writing or other item to restore their memory while testifying. Under Federal Rule of Evidence 612, a witness must testify from present recollection and may not read directly from a document as substantive evidence. If a witness forgets information they once knew and personally observed, counsel may show the witness a writing or other record to prompt memory. After reviewing it, the witness must testify from independent recollection rather than from the document itself. The writing or object used to refresh memory is not itself admitted into evidence and may not be read to the jury. However, the opposing party has the right to inspect the material, cross-examine the witness about it, and introduce relevant portions to challenge credibility.

[Last reviewed in October of 2025 by the Wex Definitions Team] 

Keywords

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