OH · rules
Ohio Evid.R. 612
Writing 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. The
adverse party is also 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. 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 objections shal l 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.
History
Effective Date: July 1, 1980 Amended: July 1, 2007; July 1, 2011
Provenance
- Source
- supremecourt.ohio.gov
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
73075fe919ca88ad1b3bd423427eb4bee0981c073bc28d4a3b7ccc3fd6db8c3e
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