Written by attorneys · grounded in primary & secondary sources — see below
The action of recalling something to the mind, especially through conscious effort. In evidence law the term denotes a witness's revived memory of past events sufficient to permit testimony or the substitution of a record when memory has faded.
Roberto Reyes was robbed at gunpoint and later identified the perpetrator in a lineup. At trial Reyes testified he could not recall the basis for his earlier identification. The court admitted the lineup identification as nonhearsay because Reyes remained available for cross-examination.
Rosalind Reed faced criminal charges and underwent a competency evaluation. She demonstrated orientation to time and place plus recollection of some events, yet could not rationally consult with counsel. The court found her incompetent to stand trial.
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Rhea Reynolds, a journalist, was subpoenaed before a grand jury concerning conversations with confidential sources. She possessed detailed recollection of the interviews but refused to disclose them. The court weighed her memory against the need for testimony.
Raphael Rivera, a presidential aide, participated in discussions about an employee's termination. Discovery revealed only inferential evidence and a tentative recollection that he supported the dismissal. The court examined whether that recollection supported a conspiracy claim.
Rajesh Rao gave a statement to police implicating the defendant. At trial Rao testified with lingering doubts about his recollection of the timing. The court required cross-examination to test the accuracy of that recollection.
Ronald Reed, a developer, recalled conversations with a feed-lot operator about shifting development plans. The recollection concerned when sales resistance became serious. The court considered that memory in assessing the nuisance claim.
A witness may read the record when the witness once knew the matter but now cannot recall it well enough to testify fully and accurately, the record was made or adopted when the matter was fresh, and the record accurately reflects the witness's knowledge. The record itself may be received as an exhibit only if offered by an adverse party.
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The court must examine the writing in camera, delete the unrelated portions, and order delivery of the remainder to the adverse party while preserving the deleted portions for the record.
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No. Every person is competent unless state law in diversity cases or another rule provides otherwise. A conservatorship based on cognitive decline may render a witness incompetent under applicable state law, but mere memory loss does not.
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A court may exclude hypnotically refreshed testimony in civil cases because the constitutional right recognized in Rock v. Arkansas applies to criminal defendants facing liberty interests. The categorical bar remains available to protect against unreliable memory.
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…ambiguous is hard to accept. Petitioner's statement is ambiguous only in the sense that he had lingering doubts about his recollection: "A. I could a swore I seen him goin' for somethin' before, right before everything happened. . . . [B]ut I'm not positive." Id. , at 155. Sylvia's statement, on the other hand, is truly…