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Lack of memory has the following effect on admissibility: (1) A witness with no lack of recollection is not competent to testify; and (2) When the witness' memory is incomplete the examiner may seek to aid the witness' memory on direct examination. There are two concepts employed to help a witness remember on direct examination: (1) Present memory revived: The witness is allowed to refer to a writing to refresh and revive memory and once done will be able to testify from present recollection. (2) Past recollection recorded (stated in the hearsay section): If the witness is unable to revive memory and the document meets the required tests, it will be read into evidence. Under present memory revived, the examiner may use anything that will legitimately jog the witness' memory. This includes pictures, sounds, smells, or even leading questions.

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