Under Rule 612, when examining a witness about the witness's prior statement, must the party show it to the witness?

Under Rule 612, when examining a witness about the witness's prior statement, must the party show it to the witness?

• A. The party need not show it or disclose its contents to the witness
• B. The party must show it to the witness
• C. The party must disclose its contents to the witness on request
• D. The party must show it to the witness and the adverse party's attorney

Answer: (A)

Rule 612 deals with using a writing to refresh a witness’s memory while they are on the stand. The purpose is to let the opposing side check what the witness is relying on, not to force the witness to reveal the contents to everyone for every purpose. When a witness uses such a writing, the rule provides that the writing may be inspected by the adverse party (and their attorney). It does not require that the party reveal the writing’s contents to the witness themselves. The idea is to prevent unfairness by letting the other side see what is being used to refresh memory, while keeping the writing from automatically becoming evidence unless it is itself introduced as a past recollection recorded. So the correct understanding is that the party need not show the writing to the witness.

Rule 612 deals with using a writing to refresh a witness’s memory while they are on the stand. The purpose is to let the opposing side check what the witness is relying on, not to force the witness to reveal the contents to everyone for every purpose. When a witness uses such a writing, the rule provides that the writing may be inspected by the adverse party (and their attorney). It does not require that the party reveal the writing’s contents to the witness themselves. The idea is to prevent unfairness by letting the other side see what is being used to refresh memory, while keeping the writing from automatically becoming evidence unless it is itself introduced as a past recollection recorded. So the correct understanding is that the party need not show the writing to the witness.