CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Writings
......Past Recollection Recorded
.........Limit: Witness Must Remember Prior Writng
3 Cards On This Topic:
  • No confrontation or X-exam violation in admitting W's statements to O, recorded in report, where sufficient basis to find them reliable and in conformity w/Evid. Code §1237.
  • Proper foundation laid for hearsay statements though W did not recall them, was in detox, delusional & having drug problems at trial: W testified statements true.
  • Cases discussing various aspects of the requirement that a witness remember the prior writing.