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United States v. Riccardi The judge found that she actually remembered and the judge was allowed to do it in his discretion, based on the specific fact finding of the judge It is sort of like the cop not remember the speeding ticket Doesnt seem crazy in not remember Refreshing the memory Orally refreshing Sometimes yes something only if the judge would allow when the pain in the ass witness was not cooperating There is a limited remedy so the lawyers can really ask anything so long as it is occasional So a lot can happen that is inappropriate For example the perfect leading question is a statement of fact and not a question at all 803(5) You can introduce into evidence paper As past recollection recording Element of admissibility establishing that a witness does not remember The first element you tried to refresh memory and failed The foundation fact establish that what is written on piece of paper is reliable The information on document, the person had remember at that time, once had knowledge Had to be prepared at the time Then existing memory That memory has to be accurate Made or adopted by the witness (affidavit)