Rule 612. Writing Used to Refresh Memory

If a witness uses a writing to refresh memory for the purpose of testifying,
either–

(1) before testifying, if the court in its discretion determines it is necessary
in the interests of justice, or

(2) while testifying,

an adverse party is entitled to have the writing produced at the hearing, to
inspect it, to cross-examine the witness thereon, and to introduce in evidence
those portions which relate to the testimony of the witness. If it is claimed
that the writing contains matters not related to the subject matter of the action,
the court shall examine the writing in camera, excise any portions not so related,
and order delivery of the remainder to the party entitled thereto. Any portion
withheld over objections shall be preserved and made available to the appellate
court in the event of an appeal. If a writing is not produced or delivered
pursuant to order under this rule, the court shall make any order justice
requires, except that in criminal cases when the prosecution elects not to comply,
the order shall be one striking the testimony or, if the court in its discretion
determines that the interests of justice so require, declaring a mistrial.

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