Writing Used to Refresh a Witness’s Memory

(a) SCOPE. This rule gives an adverse party certain options when a witness uses a writing to refresh memory: (1) while testifying; or (2) before testifying, if the court decides that justice re- quires 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 ad- verse party is entitled to have the writing produced at the hear- ing, to inspect it, to cross-examine the witness about it, and to in- troduce in evidence any portion that relates to the witness’s testi- mony. If the producing party claims that the writing includes un- related matter, the court must examine the writing in camera, de- lete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be pre- served for the record. (c) FAILURE TO PRODUCE OR DELIVER THE WRITING. If a writing 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. (As amended Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)