Rule 612. Writing or object used to refresh memory.
(a) While testifying. - If, while testifying, a witness uses a writing or object to refresh his memory, an adverse party is entitled to have the writing or object produced at the trial, hearing, or deposition in which the witness is testifying.
(b) Before testifying. - If, before testifying, a witness uses a writing or object to refresh his memory for the purpose of testifying and the court in its discretion determines that the interests of justice so require, an adverse party is entitled to have those portions of any writing or of the object which relate to the testimony produced, if practicable, at the trial, hearing, or deposition in which the witness is testifying.
(c) Terms and conditions of production and use. - A party entitled to have a writing or object produced under this rule is entitled 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 production of the writing or object at the trial, hearing, or deposition is impracticable, the court may order it made available for inspection. If it is claimed that the writing or object contains privileged information or information not directly related to the subject matter of the testimony, the court shall examine the writing or object in camera, excise any such portions, 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 or object is not produced, made available for inspection, or delivered pursuant to order under this rule, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be one striking the testimony or, if justice so requires, declaring a mistrial. (1983, c. 701, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Rule 601 - General rule of competency; disqualification of witness.
Rule 602 - Lack of personal knowledge.
Rule 603 - Oath or affirmation.
Rule 605 - Competency of judge as witness.
Rule 606 - Competency of juror as witness.
Rule 608 - Evidence of character and conduct of witness.
Rule 609 - Impeachment by evidence of conviction of crime.
Rule 610 - Religious beliefs or opinions.
Rule 611 - Mode and order of interrogation and presentation.
Rule 612 - Writing or object used to refresh memory.
Rule 613 - Prior statements of witnesses.
Rule 614 - Calling and interrogation of witnesses by court.