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 (rulemaking under the Rules Enabling Act)
surface form: 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 37 of the Federal Rules of Civil Procedure
surface form: Rule 26 of the Federal Rules of Civil Procedure regarding discovery
jurisdiction U.S. federal courts
surface form: United States federal courts
legalSystem United States common law–based evidentiary system
partOf rules of evidence for the federal courts
surface form: 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.