Rule 612 - Writing Used to Refresh a Witnesss Memory(a)Scope. This rule gives an adverse party certain options when a witness uses a writing to refresh memory:(2) before testifying, if the court decides that justice requires the party to have those options.(b)Adverse Party's Options; Deleting Unrelated Matter. An adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness's testimony. If the producing party claims that the writing includes unrelated matter, the court must examine the writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.(c)Failure to Produce or Deliver the Writing. If a writing 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 Oct. 19, 1988, effective 11/1/1988; 9/8/2011, effective 1/1/2012.COMMENT TO 2012 AMENDMENT
The language of Rule 612 has been amended to conform to the federal restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
COMMENT TO ORIGINAL 1977 RULE
Subparagraphs (1) and (2) of Federal Rule 612 have been reversed in order to clarify the intent of the rule which is to invoke the court's discretion concerning matters used before testifying and to have production as a matter of right of materials used while testifying. The word "action" in the second sentence of the rule replaces "testimony" in the Federal Rule to accord with the broader scope of cross-examination used in Arizona.
HISTORICAL NOTE
Source:
Federal Rules of Evidence, Rule 612, (modified).