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WY · rules

W.R.E. 612

Writing or object used to refresh memory

activein force · 2026-09-24 – presentact-effective-date

(a) While testifying. — If, while testifying, a witness uses a writing or object to

refresh his 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.

(b) Before testifying. — If, before testifying, a witness uses a writing or object to

refresh his 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.

(c) Terms and conditions of production and use. — 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. If production of the writing or object at the trial, hearing, or deposition is

impracticable, the court may order it made available for inspection. If it is claimed that

the writing or object contains matters not related to the subject matter of the testimony,

the court shall 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 shall be preserved and made available to the appellate court

in the event of an appeal. If a writing or object is not produced, made available for

inspection, or delivered pursuant to order under this rule, the court shall make any

order justice requires, but in criminal cases if 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
wyocourts.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
015c3fd947b5cebcc9344cf0400a49957a2490319f70a7be7bde8fd59d4fc15e
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W.R.E. 612 — Writing or object used to refresh memory · binding.law