The art of witness interrogation is difficult where the witness on the stand is unable to narrate the event which he has observed because of some present defect in his recollection. In such case there are the following possibilities: A. The impressions once made upon the mind of the witness may be revived by some means. This is "present recollection revived". B. If a record has been made of the witness' impressions, such record may come in as evidence if certain requirements be met. This is "past recollection recorded". The purpose of this comment is to collect the Washington cases involving these situations and to indicate whether or not our court follows the usual rules, analyzing those cases which have departed therefrom which special regard to some recent decisions which seem out of line. Reference will also be made to illustrative'cases from the Ninth Circuit Court of Appeals as indicative of the rules followed by the Federal Court for this circuit.
Harwood A. Bannister,
Recollection on the Witness Stand,
15 Wash. L. Rev. & St. B.J.
Available at: https://digitalcommons.law.uw.edu/wlr/vol15/iss4/5