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Alaska R. Evid. 612

Writing Used to Refresh Memory

activein force · 2003-10-15 – presentact-effective-date

(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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