Whether in a real life trial, or a mock trial, witnesses tend to forget some of the facts of a case. There is a specific way to handle such circumstances. Below is a basic outline that lawyers follow in court. In a mock trial, it is important to stay in character.
REFRESHING A WITNESS’S RECOLLECTION ON DIRECT
Q: What was the weather like that day?
A: Dark and cloudy?
Q: Are you sure?
A: Uhm, uhm, no I guess not. (laughter)
Q: Did you provide a written statement in this case?
A: Yes, I did.
Q: Do you believe that it may refresh your recollection to look at it?
A: Yes, I guess so…
Q: Can I approach the witness? (Directed to the judge)
Judge: Yes
Q: Do you recognize this statement?
A: Yes.
Q: Go ahead and read to yourself this part right here. (Must not read it aloud).
Q: Now that you have read that, does that refresh your recollection?
A: Yes
Q: So let me ask you again, what was the weather like that day?
A: It was warm and very sunny out.
Q: Thank you
REFRESHING A WITNESS’S RECOLLECTION ON CROSS EXAMINATION
Q: You testified a few minutes ago that it was dark and cloudy on the day in question, didn’t you?
A: Yes.
Q: But in your witness statement, you said it was warm and sunny, didn’t you?
A: No, I don’t think so.
Q: Your honor, can I approach the witness?
Q: Read this part to yourself.
Q: Have you had a chance to read it?
Q: I’ll ask you again, in your statement you said it was warm and sunny didn’t you?
A: Yes, I guess I did.
