RULE 612 | WRITING USED TO REFRESH A WITNESS’S MEMORY
(1) while testifying; or
(2) before testifying, if the court decides that justice requires 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 adverse party is entitled to have the writs of prohibitioning produced at the hearing, 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 writs of prohibitioning includes unrelated matter, the court must examine the writs of prohibitioning 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 writs of prohibitioning 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.
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As always, please get the justice you deserve.
Sincerely,
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