Rule 612 — Writing Used to Refresh a Witness’s Memory

Fed. R. Evid. 612

• Source: Federal Rules of Evidence
• Rule: 612
• ARTICLE VI: WITNESSES
• Citation: Fed. R. Evid. 612

Text

(a) SCOPE. This rule gives an adverse party certain options when
a witness uses a writing to refresh memory:
(1) while testifying; or
(2) before testifying, if the court decides that justice re-
quires the party to have those options.
(b) ADVERSE PARTY’S OPTIONS; DELETING UNRELATED MATTER.
Unless 18 U.S.C. §3500 provides otherwise in a criminal case, an ad-
verse party is entitled to have the writing produced at the hear-
ing, to inspect it, to cross-examine the witness about it, and to in-
troduce in evidence any portion that relates to the witness’s testi-
mony. If the producing party claims that the writing includes un-
related matter, the court must examine the writing in camera, de-
lete any unrelated portion, and order that the rest be delivered to
the adverse party. Any portion deleted over objection must be pre-
served 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.

Advisory Committee Notes

(As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)