Tex. R. Evid. 612

Writing Used to Refresh a Witness’s Memory

sha256 fbe9f2e5d1c49d1d07dbbb4284178e84… · retrieved 7/15/2026, 8:29:36 PM · Supreme Court of Texas official rules PDF — txcourts.gov, verbatim · verified 8/5/2026 by TXEV-1 July reconcile (artifact-proven, dual-sourced)

Rule 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;
(2) before testifying, in civil cases, if the court decides that justice requires the party to
have those options; or
(3) before testifying, in criminal cases.
(b) 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’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.
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