refreshing memory

refreshing memory
Directing the attention of a witness to some particular circumstance, conversation, or declaration that may cause him to recall and relate facts temporarily confused or forgotten. The act of a witness giving testimony in referring to writings or memoranda as an aid to his memory. 29 Am J2d Ev § 876; 58 Am J1st Witn § 579. Refreshing of memory by writings or memoranda may be classified into two groups: (1) where the use of the memoranda revives the present recollection of the witness and he testifies therefrom; and (2) where past recollection is recorded in the memoranda but the witness has no independent recollection of the facts and circumstances and is unable, after reference to the memoranda, to recall any distinct recollection thereof, but is able to testify that he once knew the facts and correctly applied them. Anno: 125 ALR 22

Ballentine's law dictionary. . 1998.

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  • Refreshing — Refresh Re*fresh (r?*fr?sh ), v. t. [imp. & p. p. {Refreshed} ( fr?sht ); p. pr. & vb. n. {Refreshing}.] [OE. refreshen, refreschen, OF. refreschir (cf. OF. rafraischir, rafreschir, F. rafra?chir); pref. re re + fres fresh. F. frais. See {Fresh} …   The Collaborative International Dictionary of English

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