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Refreshing Memory

witness testifying recollection

The process of aiding a witness's recollection of certain details during a trial by allowing him or her to consult documents, memoranda, or books in order to better remember past transactions or events about which he or she is testifying.

A witness is not permitted to rely completely upon such materials, nor may the witness read from them directly while giving testimony. The witness must be capable of testifying to the facts from a present, independent recollection.

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