Ind. Evidence Rule 612

Effective January 1, 2014

(a) Right to Inspect

(1) If, while testifying, a witness uses a writing or object to refresh the witness’s memory, an

adverse party is entitled to have the writing or object produced at the trial, hearing, or deposition in

which the witness is testifying.

(2) If, before testifying, a witness uses a writing or object to refresh the witness’s memory for the purpose of testifying and the court in its discretion determines that the interests of justice so require, an

adverse party is entitled to have the writing or object produced, if practicable, at the trial, hearing, or

deposition in which the witness is testifying.

(b) Terms and Conditions of Production and Use.

(1) A party entitled to have a writing or object produced under this rule is entitled to inspect it, to

cross-examine the witness thereon, and to introduce in evidence those portions which relate to the

testimony of the witness.

(2) If production of the writing or object at the trial, hearing, or deposition is impracticable, the court

may order it made available for inspection.

(3) If it is claimed that the writing or object contains matters not related to the subject matter of the

testimony, the court must examine the writing or object in camera, excise any portions not so

related, and order delivery of the remainder to the party entitled thereto. Any portion withheld over

objections must be preserved and made available to the appellate court in the event of an appeal.

(c) Failure to Produce or Deliver the Writing or Object.

If a writing or object is not produced, made available for inspection, or delivered pursuant to order

under this rule, the court must make any order justice requires, but in criminal cases if the pro-

secution elects not to comply, the order must be one striking the testimony or, if the court in its discretion determines that the interests of justice so require, declaring a mistrial.