Rule 612 - Writing Used to Refresh a Witness's Memory(a) While testifying. If a witness uses a writing or object to refresh his or her memory while testifying, the adverse party is entitled to production of the writing or object at the time.(b) Before testifying. If a witness uses a writing or object to refresh his or her memory before testifying, the court may require production of the writing or object in the interests of justice. (c) Terms and conditions. (1) If a party is entitled to production of a writing or object under this rule, that party may inspect it, cross-examine the witness about it, and introduce relevant parts of it in evidence. (2) If a party claims that the writing contains material that is irrelevant to the witness's testimony, the court must examine the writing in camera, remove any irrelevant portions, and order production of the rest of the writing. The court must preserve any portion of the writing that is withheld under this subsection, and must provide it to the appellate court if there is an appeal.
(d) 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 state does not comply in a criminal case, the court must strike the witness's testimony or may-if justice so requires-declare a mistrial.Adopted effective 1/1/2015.Maine Restyling Note [November 2014]
Maine Rule 612 is somewhat different from its federal counterpart. The proposed restyled Rule maintains those differences.
Federal Restyling Committee Note
The language of Rule 612 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to by stylistic only. There is no intent to change any result in any ruling on evidence admissibility.
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