§ RULE 612 WRITING USED TO REFRESH MEMORY

Codes > Minnesota Statutes > Rules of > Article 6 > RULE 612

RULE 612. WRITING USED TO REFRESH MEMORY

    Except as otherwise provided in criminal proceedings by the rules of criminal procedure, if a witness uses a writing to refresh memory for the purpose of testifying, either--

    (1) while testifying, or

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

    an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness thereon, and if otherwise admissible 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 testimony 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.