What is one requirement for laying the foundation for a recorded recollection?

Master the Evidence Bar Exam. Study with flashcards and multiple choice questions, each providing hints and explanations. Prepare confidently for your exam!

Laying the foundation for a recorded recollection requires that the witness must have had personal knowledge of the event or transaction that is being recorded. This requirement ensures the reliability of the testimony since the witness must have directly experienced or observed the facts being recounted in the record. The recorded recollection rule, found in Rule 803(5) of the Federal Rules of Evidence, allows a witness to use a memorandum or record to testify about their recollection of an event if they can establish that they once had a clear memory of the event but can no longer fully recall it. However, the foundation depends critically on the witness's original firsthand experience of the matter as this establishes credibility and authenticity of the recollection being introduced.

The other options do not align with the foundational requirements established by the rules. For example, the writing must originate from the witness's own recollection rather than being created by a second party, it must not necessarily be outdated, and legal advice does not factor into the establishment of a recorded recollection.

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