§ Rule 612. Writing Used to Refresh Memory

Codes > Alaska Rules of Evidence > Article VI > Rule 612.

Rule 612. Writing Used to Refresh Memory

(a) While Testifying. Any writing or object may be used by a witness to refresh the memory of the witness while testifying. If, while testifying, a witness uses a writing or object to refresh his memory, any party seeking to impeach the witness is entitled, subject to subdivision (c), to inspect the writing or object, to cross-examine the witness thereon, and to introduce those portions which relate to the testimony of the witness.

(b) Before Testifying. If, before testifying, a witness uses a writing or object to refresh the memory of the witness for the purpose of testifying and the court in its discretion determines that the interests of justice so require, any party seeking to impeach the witness is entitled, subject to subdivision (c), to have the writing or object produced, if practicable, at the hearing, to inspect it, and to cross-examine the witness thereon, as to those portions which relate to the testimony of the witness. If production of the writing or object at the hearing is impracticable, the court may make any appropriate order, including one for inspection.

(c) Claims of Privilege or Irrelevance. If it is claimed that a writing or object contains matters privileged or not related to the subject matter of the testimony the court shall rule on any claim of privilege raised and examine the writing or object in camera, excise any portions not so related and deliver 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.

(d) Failure to Produce. If a writing or object is not produced or delivered pursuant to an 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 or dismissing the prosecution.