Rule 11-612 NMRA
Rule 11-612. Writing used to refresh a witness's memory.
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 a party to have
those options.
B. Adverse party’s options; deleting unrelated matter. Unless otherwise
provided by law 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.