AK · rules
Alaska R. Evid. 612
Writing Used to Refresh Memory
(a) While Testifying. Any writing or object may be used
by a witness to refresh the memory of the witness while
testifying. If, while testifying, a witness uses a writing or
object to refresh his memory, any party seeking to impeach the
witness is entitled, subject to subdivision (c), to inspect the
writing or object, to cross-examine the witness thereon, and to
introduce those portions which relate to the testimony of the
witness.
(b) Before Testifying. If, before testifying, a witness
uses a writing or object to refresh the memory of the witness
for the purpose of testifying, and the court in its discretion
determines that the interests of justice so require, any party
seeking to impeach the witness is entitled, subject to
subdivision (c), to have the writing or object produced, if
practicable, at the hearing, to inspect it, and to cross-examine
the witness thereon, as to those portions which relate to the
testimony of the witness. If production of the writing or object
at the hearing is impracticable, the court may make any
appropriate order, including one for inspection.
(c) Claims of Privilege or Irrelevance. If it is claimed
that a writing or object contains matters privileged or not
related to the subject matter of the testimony the court shall
rule on any claim of privilege raised and examine the writing
or object in camera, excise any portions not so related and
deliver 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.
(d) Failure to Produce. If a writing or object is not
produced or delivered pursuant to an order under this rule, the
court shall make any order justice requires, except that in
criminal cases when the prosecution elects not to comply, the
order shall be one striking the testimony or, if the court in its
discretion determines that the interests of justice so require,
declaring a mistrial or dismissing the prosecution.
History
(Added by SCO 364 effective August 1, 1979; amended by SCO 1522 effective October 15, 2003)
Provenance
- Source
- courts.alaska.gov
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
ed13e4d4b5281eb8962ff0246b6d9b679da45bfab69a4d913f1892c4bc707420
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