Summary of changes
Rule 612 — Writing used to refresh a witness' memory
The text as it stood in the last Manual for Courts-Martial edition beside the current text, provision by provision, with every recorded amendment and the authority behind it — the whole Rule in one view.
0 amended
0 added
0 removed
6 unchanged
No changes recorded for this Rule —
its text is the same as the last Manual for Courts-Martial edition.
Showing every provision.
Provisions
612(a)
unchanged
Original text
Scope.
This rule gives an adverse party certain options when a witness uses a writing to refresh memory:
Current text
Scope.
This rule gives an adverse party certain options when a witness uses a writing to refresh memory:
612(a)(1)
unchanged
Original text
while testifying; or
Current text
while testifying; or
612(a)(2)
unchanged
Original text
before testifying, if the military judge decides that justice requires the party to have those options.
Current text
before testifying, if the military judge decides that justice requires the party to have those options.
612(b)
unchanged
Original text
Adverse Party's Options; Deleting Unrelated Matter.
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' testimony. If the producing party claims that the writing includes unrelated or privileged matter, the military judge must examine the writing in camera, delete any unrelated or privileged portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.
Current text
Adverse Party's Options; Deleting Unrelated Matter.
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' testimony. If the producing party claims that the writing includes unrelated or privileged matter, the military judge must examine the writing in camera, delete any unrelated or privileged portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.
612(c)
unchanged
Original text
Failure to Produce or Deliver the Writing.
If a writing is not produced or is not delivered as ordered, the military judge may issue any appropriate order. If the prosecution does not comply, the military judge must strike the witness' testimony or - if justice so requires - declare a mistrial.
Current text
Failure to Produce or Deliver the Writing.
If a writing is not produced or is not delivered as ordered, the military judge may issue any appropriate order. If the prosecution does not comply, the military judge must strike the witness' testimony or - if justice so requires - declare a mistrial.
612(d)
unchanged
Original text
No Effect on Other Disclosure Requirements.
This rule does not preclude disclosure of information required to be disclosed under other provisions of these rules or this Manual.
Current text
No Effect on Other Disclosure Requirements.
This rule does not preclude disclosure of information required to be disclosed under other provisions of these rules or this Manual.
“Original text” is the state captured the first time a provision was edited under change tracking — i.e. the text as published in the last Manual for Courts-Martial edition. Provisions edited without being “marked as changed” (typos, formatting) are not recorded here; see the recent revisions feed and the site-wide changes log.