As amended through November 20, 2024
Rule 612 - Writing or Object Used to Refresh a Witness(a) Scope. This rule gives an adverse party certain options when a witness uses a writing or object to refresh memory: (2) before testifying, if practicable and the court decides that justice requires the party to have those options at the trial, hearing, or deposition in which the witness is testifying.(b) Adverse Party's Options; Deleting Unrelated Matter. An adverse party is entitled to have the writing or object produced, to inspect it, to cross-examine the witness about it, and to introduce in evidence - for its bearing on credibility only unless otherwise admissible under these rules - any portion that relates to the witness's testimony. If the producing party claims that the writing or object includes unrelated matter, the court must examine it in camera, remove any unrelated portion, and order that the rest be delivered to the adverse party. Any portion removed over objection must be preserved for the record.(c) Failure to Produce or Deliver the Writing or Object. If a writing or object is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness's testimony or, - if justice so requires - declare a mistrial.Amended September 20, 2023, effective 1/1/2024.