IEA Section 159 — Refreshing memory

Chapter 10

Civil

Summary

A witness can look at a document they wrote themselves while testifying, if they wrote it at the time of the event they are being asked about, or soon enough afterward that the court believes the event was still fresh in their memory. The witness can also look at a document written by someone else, if they read it within that same time period and knew at the time that it was correct. If a witness is allowed to look at an original document to refresh their memory, they may instead look at a copy of it, but only if the court gives permission and is satisfied there is a good reason the original is not available. An expert witness can refresh their memory by referring to professional books or writings on their subject.

Official Text

A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned, or so soon afterwards that the Court considers it likely that the transaction was at that time fresh in his memory.
The witness may also refer to any such writing made by any other person, and read by the witness within the time aforesaid, if when he read it he knew it to be correct.
When witness may use copy of document to refresh memory— Whenever a witness may refresh his memory by reference to any document, he may, with the permission of the Court, refer to a copy of such document;
Provided the Court be satisfied that there is sufficient reason for the non-production of the original.
An expert may refresh his memory by reference to professional treatises.

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