MT · rules
Mont. R. Evid. 612
Writings used to refresh memory
If a witness uses a writing to refresh memory for the purpose of testifying, either
(1) while testifying, or
(2) before testifying, if the court in its discretion determines it is necessary in the interests
of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to
cross-examine the witness thereon, and to introduce into evidence those portions which relate to
the testimony of the witness. If it is claimed that the writing contains matters not related to the
subject matter of the testimony the court shall examine the writing in camera, excise any portions
not so related, and order delivery of the remainder to the party entitled thereto. Any portion
withheld over objection shall be preserved and made available to the appellate court in the event
of an appeal. If a writing is not produced or delivered pursuant to 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.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
e5ccd001b82c2265bcb682ca3e17a806d1a2a28ae2335016af4075997d21c58e
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