How should a witness respond to memory gaps, such as 'I don’t recall'?

• A. Invent details
• B. Answer truthfully; if you can't recall, say 'I don’t recall' and avoid speculation; use refreshing recollection or notes if available
• C. Refuse to answer
• D. Ask for a second chance

Answer: (B)

When memory gaps occur, the right approach is to be truthful and avoid guessing. If you can’t recall a detail, say “I don’t recall” and don’t speculate or invent details. If there are notes, reports, or other materials you’ve seen, use them to refresh your recollection and then testify to what you now remember. This keeps the testimony accurate and preserves your credibility. Inventing details can mislead the court and may amount to perjury, while simply refusing to answer isn’t appropriate for a relevant question. If you still can’t remember after refreshing, you can honestly say so and proceed, or seek permission to review records further to try to jog your memory. If memory returns later, you may then testify to the refreshed recollection.