TERMIUM Plus^®

Record 1,  Textual support,  English

Record number: 1, Textual support number: 1 CONT

Although the witness would be unable to testify about the events, the writing itself may be admissible as evidence of its contents, if the witness can lay a foundation by establishing the criteria for "past recollection recorded". The four requirements are: (a) the witness must have had first hand knowledge of the event; (b) the written memorandum must be an original memorandum made at or near the time of the event while the witness had a clear and accurate memory of it; (c) the witness must lack a present recollection of the event; and (d) the witness must vouch for the accuracy of the written memorandum.  3, record 1, English, - present%20recollection

Record number: 1, Textual support number: 2 CONT

Clearly something used to revive a witness's present recollection is not itself evidence of the event recalled but a mere catalyst; the evidence is the witness's oral testimony based on his newly-revived memory. (Schiff, Evidence in the Litigation Process, p. 190)  2, record 1, English, - present%20recollection

Record number: 1, Textual support number: 3 CONT

The witness must testify from his present memory of the event and not from the contents of a writing used to revive it.  3, record 1, English, - present%20recollection

Record 1,  Textual support,  French

Record number: 1, Textual support number: 1 OBS

mémoire actuelle : terme normalisé par le Comité de normalisation dans le cadre du Programme national de l'administration de la justice dans les deux langues officielles (PAJLO).  2, record 1, French, - m%C3%A9moire%20actuelle

Record 1,  Textual support,  Spanish