Oregon Code § 40.375·Enacted ·Last updated March 01, 2026
Statute Text
Rule
612. Writing used to refresh memory.
If a witness uses a writing to refresh memory for the purpose of testifying,
either while testifying or before testifying if the court in its discretion
determines it is necessary in the interests of justice, an adverse party is
entitled to have the writing produced at the hearing, to inspect it, to
cross-examine the witness thereon, and to introduce into evidence those
portions which relate to the testimony of the witness. If it is claimed that
the writing contains matters not related to the subject matter of the
testimony, the court shall examine the writing in camera, excise any portions
not so related, and order delivery of the remainder to the party entitled
thereto. Any portion withheld over objections shall be preserved and made
available to the appellate court in the event of an appeal. If a writing is not
produced or delivered pursuant to order under this section, the court shall
make any order justice requires, except that in criminal cases when the
prosecution elects not to comply the order shall be one striking the testimony
or, if the court in its discretion determines that the interests of justice so
require, declaring a mistrial. [1981 c.892 §55]
Plain English Explanation
This Oregon statute addresses Rule
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 40.375
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Rule
. Read the full statute text above for details.
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The formal citation is Oregon Code § 40.375. Use this format in legal documents and court filings.
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