Print Version
Previous PageFile uploaded: 6/10/2019

Rule 612. ?Writing Used to Refresh aWitness?s Memory.

 

(a)      Scope. This rulegives an adverse party certain options when a witness uses a writing to refreshmemory: 

(a)(1)   while testifying; or

 

(a)(2)   before testifying, if the court decides that justicerequires the party to have those options.

 

(b)      Adverse Party?s Options; Deleting Unrelated Matter. An adverse party isentitled to have the writing produced at the hearing, to inspect it, tocross-examine the witness about it, and to introduce in evidence any portionthat relates to the witness?s testimony. If the producing party claims that thewriting includes unrelated matter, the court must examine the writing incamera, delete any unrelated portion, and order that the rest be delivered tothe adverse party. Any portion deleted over objection must be preserved for therecord.

 

(c)      Failure to Produce or Deliver the Writing. If awriting is not produced or is not delivered as ordered, the court mayissue any appropriate order. But if the prosecution does not comply in acriminal case, the court must strike the witness?s testimony or ? if justice sorequires ? declare a mistrial.

 

 

AdvisoryCommittee Note. The language of this rule has been amended as part of therestyling of the Evidence Rules to make them more easily understood and to makestyle and terminology consistent throughout the rules. These changes areintended to be stylistic only. There is no intent to change any result in anyruling on evidence admissibility.

 

Original Advisory Committee Note.? This rule generally comports with current Utah practice.