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FRE 803(5): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: Record Recollection. A memorandum or record concerning a matter about which a witness once had knowledge but now has insufficient recollection to enable the witness to testify fully and accurately, shown to have been made or adopted by the witness when the matter was fresh in the witness' memory and to reflect that knowledge correctly. If admitted, the memorandum or record may be read into evidence but may not itself be received as an exhibit unless offered by an adverse party.
Memorandum not to go to jury room. Purpose of not allowing the record to be received as an exhibit is to keep the trier of fact from being overly impressed by the writing. Fresh memory. Not a very strict requirement. (Much less strict than 803(6)'s "at or near the time" language) Witness' grand jury testimony reporting conversations with D admitted under Rule 803(5) though recorded testimony given "at least ten months"...
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