What constitutes a recorded recollection?

A recorded recollection is a type of evidence that applies when a witness has a clear memory of an event that is recorded in a reliable writing created by the witness. This written record must have been made or adopted by the witness when the event was fresh in their memory and must reflect the witness's knowledge about the transaction or event.

When using a recorded recollection, the document serves as an aid to the witness’s memory, allowing the witness to testify accurately about the details of the event. The reliability of the writing is key; it indicates that the witness had the opportunity to accurately reflect their impressions and observations at the time the event occurred, which helps to ensure that the evidence presented is trustworthy.

In this context, while verbal testimony and personal diaries may contain recollections, they do not meet the specific criteria for a recorded recollection, which requires a reliable writing created by the witness themselves. Similarly, documents prepared by others regarding the witness's knowledge do not establish the same direct connection to the witness's personal recollection and are therefore not classified as recorded recollections.