Recorded recollection is a hearsay exception for a record made or adopted when a witness had knowledge but now cannot fully remember the matter well enough to testify completely.
The rule lets a reliable earlier record be read or used in evidence when the witness’s memory has faded. It is designed for situations where the record is tied to the witness’s own knowledge at a time when the information was fresh.
Why recorded recollection matters
Witness memory often changes over time. Recorded recollection rules recognize that a timely record may be more reliable than a witness trying to reconstruct details years later.
The exception is limited. The party usually must show that the witness once knew the matter, now lacks sufficient memory, and made or adopted the record when the matter was fresh and accurate.
Where it appears
Recorded recollection appears in trials and hearings involving old notes, incident reports, logs, medical observations, business records, investigation notes, inspection records, and other documents connected to a witness’s firsthand knowledge.
How it differs from nearby terms
Recorded recollection is different from refreshing recollection. Refreshing recollection uses a writing or object to jog the witness’s memory so the witness can testify from present memory. Recorded recollection uses the earlier record because present memory remains insufficient.
It is also different from the broader hearsay rule, which generally excludes out-of-court statements offered for their truth unless an exception applies.
Practical example
A nurse cannot remember the details of a patient observation from three years ago but recognizes a note made during the shift and testifies that the note was accurate when made. The court may allow the recorded recollection if the evidence rule’s requirements are satisfied.
Related terms
Quick check
If the item restores the witness’s present memory, think refreshing recollection. If memory remains incomplete and the earlier record is used, think recorded recollection.