Evidence Rule 612

Evidence Rule 612

Rule 612. Writing Used to Refresh Memory

Except as otherwise provided by law in criminal proceedings, if a witness while testifying uses a writing to refresh the witness memory for the purpose of testifying, an adverse party is entitled to have the writing produced at the hearing for inspection and use in cross-examining the witness. The adverse party shall also be entitled to introduce in evidence those portions which relate to the testimony of the witness but only for the purpose of impeaching the witness. If it is claimed that the writing contains material not related to the subject of the testimony, the court shall examine the writing in camera and excise any unrelated portions. If the witness has used a writing to refresh the witness memory before testifying, the court in its discretion and in the interest of justice may accord the adverse party the same right to the writing as that party would have if the writing had been used by the witness while testifying.
HISTORY:Adopted September 15, 1992 to be effective July 1, 1993.