We have a case where the child victim has melted down. I'm thinking of trying to get in a couple of snippets of the forensic interview as recorded recollections. Anyone ever done it? Did it hold up?

I also ended up in a similar situation.

We made an oral motion under 38.071 section 3 to allow the child to testify via CCTV to preserve the emotional well-being of the child.

We also considered the option of using the forensic interview. Frankly, I believe the recorded recollection exception may be inapplicable because 38.071 section 5 specifically allows the admission of the interview (provided certain procedural steps are followed). However, I have not actually had to rely on the section in trial.

In either event, I hope the advice helps for what it's worth.

We didn't do it. Child was able to give us a little more after being refreshed. Jury is out now.

John,

I am glad you opened this thread as I have the same question. I believe that it would be allowed under the Rules. Of course, getting a recorded recollection admitted seems to have more steps than getting an outcry statement admitted! Let us know if it goes well.