# Fed. R. Evid. 612: Rule 612. Writing Used to Refresh a Witness’s Memory

> Federal · Court rules · In force

URL: https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R612

## Section

- **Citation:** Fed. R. Evid. 612
- **Heading:** Rule 612. Writing Used to Refresh a Witness’s Memory
- **Jurisdiction:** Federal
- **Kind:** Court rules
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Rules of Evidence > Rule 612

## Text

(a) SCOPE. This rule gives an adverse party certain options when a witness uses a writing to refresh memory: (1) while testifying; or (2) before testifying, if the court decides that justice requires the party to have those options.

(b) ADVERSE PARTY’S OPTIONS; DELETING UNRELATED MATTER. Unless 18 U.S.C. § 3500 provides otherwise in a criminal case, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness’s testimony. If the producing party claims that the writing includes unrelated matter, the court must examine the writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.

(c) FAILURE TO PRODUCE OR DELIVER THE WRITING. If a writing is not produced or is not delivered as ordered, the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness’s testimony or—if justice so requires—declare a mistrial.

## Nearby sections

- [Fed. R. Evid. 101 Rule 101. Scope; Definitions](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R101.md)
- [Fed. R. Evid. 102 Rule 102. Purpose](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R102.md)
- [Fed. R. Evid. 103 Rule 103. Rulings on Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R103.md)
- [Fed. R. Evid. 104 Rule 104. Preliminary Questions](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R104.md)
- [Fed. R. Evid. 105 Rule 105. Limiting Evidence That Is Not Admissible Against Other](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R105.md)
- [Fed. R. Evid. 106 Rule 106. Remainder of or Related Statements](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R106.md)
- [Fed. R. Evid. 107 Rule 107. Illustrative Aids](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R107.md)
- [Fed. R. Evid. 201 Rule 201. Judicial Notice of Adjudicative Facts](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R201.md)
- [Fed. R. Evid. 301 Rule 301. Presumptions in Civil Cases Generally](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R301.md)
- [Fed. R. Evid. 302 Rule 302. Applying State Law to Presumptions in Civil Cases](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R302.md)
- [Fed. R. Evid. 401 Rule 401. Test for Relevant Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R401.md)
- [Fed. R. Evid. 402 Rule 402. General Admissibility of Relevant Evidence](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R402.md)
- [Fed. R. Evid. 403 Rule 403. Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R403.md)
- [Fed. R. Evid. 404 Rule 404. Character Evidence; Other Crimes, Wrongs, or Acts](https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R404.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FRULES_FRE_R612. Check the current official text before relying on it. Not legal advice.