RULE 612
WRITING USED TO REFRESH MEMORY
If a witness uses a writing to refresh memory for the purpose of
testifying, either: while testifying, or before testifying, if the
court in its discretion determines it is necessary in the interests of
justice, an adverse party is entitled to have the writing produced at
the hearing, to inspect it, to cross-examine the witness thereon, and
to introduce in evidence those portions which relate to the testimony
of the witness. If it is claimed that the writing contains matters not
related to the subject matter of the testimony, the court shall
examine the writing in camera, excise any portions not so related, and
order delivery of the remainder to the party entitled thereto. Any
portion withheld over objections shall be preserved and made available
to the appellate court in the event of an appeal. If a writing is not
produced or delivered pursuant to order under this rule, the court
shall make any order justice requires.
[Amended effective September 1, 1992.]
Comment 612
[Deleted effective September 1, 2006.]
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