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Rule 612. Writing Used to Refresh aWitness’s Memory


(a)      Scope.This rule gives anadverse party certain options when a witness uses a writing to refresh memory:


(1)   whiletestifying; or


(2)   beforetestifying, if the court decides that justice requires the party to have thoseoptions.


(b)      AdverseParty’s Options; Deleting Unrelated Matter. An adverse party is entitled to have the writing producedat the hearing, to inspect it, to cross-examine the witness about it, and tointroduce in evidence any portion that relates to the witness’s testimony. Ifthe producing party claims that the writing includes unrelated matter, thecourt must examine the writing in camera, delete any unrelated portion, andorder that the rest be delivered to the adverse party. Any portion deleted overobjection must be preserved for the record.


(c)      Failureto Produce or Deliver the Writing. Ifa writing is not produced or is not delivered as ordered, the court may issueany appropriate order. But if the prosecution does not comply in a criminalcase, the court must strike the witness’s testimony or — if justice so requires— declare a mistrial.



Advisory Committee Note. – The language of this rule has beenamended as part of the restyling of the Evidence Rules to make them more easilyunderstood and to make style and terminology consistent throughout the rules.These changes are intended to be stylistic only. There is no intent to changeany result in any ruling on evidence admissibility.




This rulegenerally comports with current Utah practice.