Rule 612 - Writing Used to Refresh a Witness's Memory(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 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 or object produced at the trial, hearing, or deposition 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 or object includes unrelated matter, the court must examine the writing or object 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. If production of the writing or object at the trial or hearing is impracticable, the court may order it be made available for inspection.COMMENT ON RULE 612
Rule 612 was taken from the federal counterpart with the following substantive and stylistic changes. The entire rule was modified to include the phrase "an object" taken from the state rule. Rule 612(b) was modified to include the word "trial" taken from the state rule that was not contained in the federal rule. Rule 612(c) was modified to include the phrase "if production of the writing or object at the trial or hearing is impracticable, the court may order it made available for inspection." The requirement in the existing state rule that in a criminal case the court must strike testimony or declare a mistrial was removed. This rule is applicable to depositions and deposition testimony.