Writing used to refresh memory San Diego Court Martial Attorney
If the witness uses a writing to refresh his or her memory for the purpose of testifying, either (1) when testifying, or (2) prior to testifying, when the military judge holds it is needed in the interests of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to interrogate the witness thereon, and to submit in evidence those portions that relate to the testimony of the witness.
When it is claimed that the writing has privileged information or matters which are not related to the subject matter of the testimony, the military judge must examine the writing in camera, excise any privileged information or portions not so related, and order delivery of the remainder to the party entitled thereto.
Any portion withheld over objections must be attached to the record of trial as an appellate exhibit. If a writing is not produced or delivered according to order as per the rule, the military judge must make any order justice requires, except that if the prosecution decides not to comply, the order must be one striking the testimony or, if in the discretion of the military judge it is determined that the interests of justice so required, declaring a mistrial.
This rule does not prohibit disclosure of information required to be disclosed under other provisions of these rules or the Manual for court martial.
Court Martial Lawyer Michael Waddington represents Army, Navy, Air Force and Marine Corps servicemembers facing UCMJ actions.
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