How many times have you heard that phrase during a deposition? How many times has it frustrated you? That phrase may be acceptable if it is the truth, but it comes with limits. “Testimony of a witness that he does not remember whether a certain event took place does not contradict positive testimony that such event or conversation took place.” Applied to your case, if the opposing party simply does not recall much, then your client’s memory to the contrary may be sufficient for summary judgment.
 McClellan v. David, 84 Nev. 283, 288, 439 P.2d 673, 677 (1968).