If a Recorded Recollection is admitted, the record may be read into evidence and may be received as an exhibit only if offered by which party?

• A. The U.S. Attorney
• B. The judge
• C. The witness
• D. An adverse party

Answer: (D)

Recorded recollection is a narrow hearsay exception that allows the contents of a witness’s memory to be conveyed when the witness cannot recall the facts. The writing must have been made when the matter was fresh and must accurately reflect the witness’s knowledge. If the court admits the recorded recollection, its contents can be read into evidence to prove what the witness once knew.

The exhibit status, however, hinges on who offers the record. A reading into evidence is allowed regardless of who offers it, but the actual exhibit of the record may be received only if it is offered by the adverse party. This ensures the opposing side has the opportunity to challenge or scrutinize the physical document. Therefore, the party who may offer the record as an exhibit is the adverse party.