How can a recorded recollection be admitted into evidence?

A recorded recollection can be admitted into evidence by reading the writing into evidence. This evidentiary rule applies when a witness cannot fully and accurately recall an event but has previously recorded their recollection of that event at a time when it was fresh in their memory.

For the recorded recollection to be admissible, the witness must testify that the record was made or adopted by them when the matter was fresh in their memory, that it accurately reflects that knowledge, and that they no longer have an accurate recollection of the event. Reading the recorded recollection into evidence allows the substance of the information to be presented to the jury while ensuring that the witness's prior memory is effectively conveyed.

Other methods, such as submitting the written document as an exhibit, might not fulfill the necessary legal criteria for the admissibility of that information, as the primary focus is on the witness's interaction with the recollection rather than solely presenting the document. Similarly, having the witness memorize the content would not support the foundational requirements for recorded recollections, as the essence of this evidence is that it captures their past knowledge rather than being a reflection of current recollection. Presenting the document to the jury without reading it into evidence would also fail to provide the context of the