2.04.340 [Rule 31] Writing Used to Refresh Memory

If a witness uses a writing to refresh memory for the purpose of testifying either:

(a) While testifying, or

(b) Before testifying, the Court may determine in the interest of justice, an adverse party is entitled to have the writing produced at the hearing, to inspect it, to cross examine the witness, and to introduce in evidence the 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, excise any portions not related, and order delivery of the remainder to the party entitled. 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 Rule, 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 ruling out the testimony or, if the Court in its discretion determines that the interests of justice so require, declaring a mistrial.