Rule 612

E359046

Rule 612 is a provision of the Federal Rules of Evidence that governs how a witness may use writings or other items to refresh their memory while testifying.

All labels observed (1)

Label Occurrences
Rule 612 canonical 1

How this entity was disambiguated

Statements (48)

Predicate Object
instanceOf provision of the Federal Rules of Evidence ⓘ
rule of evidence ⓘ
allows use of any writing or item to refresh memory regardless of admissibility of the writing itself ⓘ
appliesTo witnesses testifying before the jury ⓘ
witnesses testifying in court ⓘ
witnesses testifying outside the jury’s presence ⓘ
authorityType procedural rule ⓘ
citationForm Fed. R. Evid. 612 ⓘ
condition writing may be used before testifying if the court decides that justice requires production ⓘ
writing may be used while testifying ⓘ
writing must be used to refresh the witness’s memory ⓘ
distinguishedFrom rules governing authentication of documents ⓘ
rules governing hearsay ⓘ
enactedBy Supreme Court of the United States under the Rules Enabling Act ⓘ
governs use of writings to refresh a witness’s memory ⓘ
grantsRight to cross-examine the witness about the writing used to refresh memory ⓘ
to have the writing used to refresh memory produced at the hearing ⓘ
to inspect the writing used to refresh memory ⓘ
to introduce in evidence portions of the writing that relate to the witness’s testimony ⓘ
grantsRightTo adverse party ⓘ
includesProvision any deleted portion must be preserved for the record in case of appeal ⓘ
court may delete unrelated portions of the writing ⓘ
court may review writing in camera ⓘ
if a party refuses to produce the writing, the court may issue appropriate orders ⓘ
in criminal cases, the court may strike the witness’s testimony or declare a mistrial if the government refuses to produce the writing ⓘ
interactionWith Jencks Act principles in criminal cases ⓘ
Rule 26 of the Federal Rules of Civil Procedure regarding discovery ⓘ
jurisdiction United States federal courts ⓘ
linked to: U.S. federal courts
legalSystem United States common law–based evidentiary system ⓘ
partOf Federal Rules of Evidence ⓘ
protects adverse party’s opportunity for effective cross-examination ⓘ
fairness in the use of memory-refreshing materials ⓘ
purpose to allow witnesses to refresh recollection without unfair surprise to the opposing party ⓘ
to balance effective witness testimony with fairness to adverse parties ⓘ
regulates use of writings to refresh memory before testifying if justice requires disclosure ⓘ
use of writings to refresh memory while testifying ⓘ
relatedConcept discovery and disclosure obligations ⓘ
present recollection refreshed ⓘ
recorded recollection ⓘ
witness impeachment ⓘ
requires court to protect against disclosure of unrelated matter in a writing ⓘ
production of writings used to refresh memory when requested by an adverse party ⓘ
scope civil and criminal proceedings in federal court ⓘ
use of writings or other items to refresh memory ⓘ
subjectMatter evidence law ⓘ
usedBy federal judges ⓘ
litigators in federal court ⓘ
witnesses during testimony ⓘ

How these facts were elicited

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.