Explain two ways to introduce testimony if the witness claims to have no memory of the incident

Question

What will be an ideal response?

Answer 1

There are two methods that can be used when a witness cannot remember something while testifying. Past Memory Refreshed allows the witness to use almost anything to refresh his/her memory. This includes reading police reports about the event, reviewing notes that the witness took, looking at pictures of the location, etc. With his/her memory refreshed, the witness testifies about things he/she now recalls. Opposing counsel will use cross examination to determine whether the witness is testifying from memory or just repeating what was in the report, etc.
Under the Past Recollection Recorded Rule, a report can be introduced if the person who wrote it has insufficient present recollection to testify fully and accurately. The attorney who called the witness will ask questions in order to establish the witness's current memory or lack thereof. Then both attorneys will talk to the judge about whether the requirements to use the rule have been met. The complete list of requirements is:
• The statement would be admissible if the declarant testified at the current trial.
• The witness currently has insufficient present recollection to testify fully and accurately.
• The report was made at a time when the facts were fresh in the memory of the witness.
• The report was made by the witness, someone under his or her direction, or by another person for the purpose of recording the witness's statement.
• The witness can testify that the report was a true statement of the facts.
• The report is authenticated as accurate.
Once these six items are established, the report will be read into evidence.