Recent video clips posted at Page One Kentucky of the deposition of Kentucky State Rep. Will Coursey in a sexual harassment suit emphasize the difference between “I don’t recall” and “That never happened/I never said that.”  First, the clip. 


As this clip demonstrates, there is a difference between “I don’t recall” whether something happened and “That never happened” or "I never said that."  Testifying that one doesn’t recall demonstrates a “failure of memory” or “an inability to remember.” It does not foreclose the possibility that the act or event actually occurred and the witness is now unable to remember it.  Ensuring that witnesses know the difference between “I don’t recall” and “that never happened” is important in giving clear deposition testimony.

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