State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_8C > GS_8C-612

Rule 612. Writing or object used to refresh memory.

(a)        While testifying. – If, while testifying, a witness uses awriting or object to refresh his memory, an adverse party is entitled to havethe writing or object produced at the trial, hearing, or deposition in whichthe witness is testifying.

(b)        Before testifying. – If, before testifying, a witness uses awriting or object to refresh his memory for the purpose of testifying and thecourt in its discretion determines that the interests of justice so require, anadverse party is entitled to have those portions of any writing or of theobject which relate to the testimony produced, if practicable, at the trial,hearing, or deposition in which the witness is testifying.

(c)        Terms and conditions of production and use. – A partyentitled to have a writing or object produced under this rule is entitled toinspect it, to cross‑examine the witness thereon, and to introduce inevidence those portions which relate to the testimony of the witness. Ifproduction of the writing or object at the trial, hearing, or deposition isimpracticable, the court may order it made available for inspection. If it isclaimed that the writing or object contains privileged information orinformation not directly related to the subject matter of the testimony, thecourt shall examine the writing or object in camera, excise any such portions,and order delivery of the remainder to the party entitled thereto. Any portionwithheld over objections shall be preserved and made available to the appellatecourt in the event of an appeal. If a writing or object is not produced, madeavailable for inspection, or delivered pursuant to order under this rule, thecourt shall make any order justice requires, but in criminal cases if theprosecution elects not to comply, the order shall be one striking the testimonyor, if justice so requires, declaring a mistrial. (1983, c. 701, s. 1.)