Under the Federal Rules of Evidence, a recorded recollection qualifies as a hearsay exception, allowing evidence that would otherwise be excluded as hearsay to be admitted as evidence or an exhibit during trial. The Rules list three requirements before a recorded recollection may be admitted, and these requirements often form the basis of pretrial, evidentiary litigation.
A recorded recollection, without the exception granted by the Federal Rules of Evidence, would be inadmissible hearsay evidence. To qualify for the exception, a witness’s record must meet the following criteria: