A recording is admissible as past recollection recorded if what conditions are met?

• A. The witness cannot recall the event fully, and the recording was made when memory was fresh.
• B. The recording is always admissible regardless of freshness.
• C. The witness must recall the memory after reviewing the recording.
• D. The recording must be created by a party to the case.

Answer: (A)

Past recollection recorded allows a written record of what a witness once knew to be read into evidence when the witness now cannot recall the event fully. The essential requirement is that the memory was fresh when the record was made and that the record accurately reflects the witness’s knowledge. The witness may then adopt the record as true (by testifying that it reflects their knowledge or by reading it aloud and indicating it is correct) and testify from memory if refreshed. The recorder need not be a party to the case.

That’s why the option stating that the witness cannot recall the event fully and the recording was made when memory was fresh is the correct description. The other choices miss key elements: freshness is essential, the witness isn’t required to recall after reviewing the recording, and there’s no requirement that the recording be created by a party.