Rule 803(5) addresses?

• A. Present sense impression
• B. Absence of a business record
• C. Public records
• D. Recorded recollection

Answer: (D)

Rule 803(5) covers the recorded recollection exception. It applies when a witness once knew something important but now cannot recall it well enough to testify fully. In that situation, a writing or other record that the witness made or adopted when the matter was fresh can be read into the record to convey the content of what the witness once knew. The critical requirements are that the witness had knowledge of the matter when it happened, the record was created or adopted at or near that time while the memory was fresh, the record accurately reflects the knowledge, and the witness confirms that the writing accurately reflects what they knew. If these pieces are satisfied, the content of the writing may be read aloud for the jury, even though the writing itself might not be admitted as an exhibit. This helps the jury receive the substance of the witness’s prior knowledge when the witness’s memory has faded.

For context, other common rules you might see include a present sense impression, which covers spontaneous statements about an event as it’s happening; absence of a business record, which deals with showing that no business record exists for a matter; and public records, which covers official government records. Published or absent business records and public records are distinct categories with their own requirements.