If a witness uses a record or object to refresh the witness's memory either while testifying or before testifying, the court shall allow an adverse party to have the record or object produced at the hearing, to inspect it, to cross-examine the witness thereon and to introduce in evidence those portions which relate to the testimony of the witness. If it is claimed by an opposing party that the record or object contains matters not related to the subject matter of the testimony, the court shall examine the record or object in chambers, 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 record or object is not produced, made available for inspection, or delivered pursuant to order, the court shall make any order justice requires, but in criminal cases if the prosecution elects not to comply, the order shall be an order striking the testimony or declaring a mistrial.
§ 2612.Writing Used to Refresh Memory
Chapter 40: Oklahoma Evidence Code · Last amended November 1, 2002 · Last verified August 3, 2026
In one sentenceGives an adverse party the right to inspect, cross-examine on, and introduce relevant parts of a record or object used to refresh a witness's memory, sets a chambers-review process for disputed portions, and requires a stricken record or mistrial if the prosecution won't produce it.
Full Text of § 2612
Amendment History
Laws 1978, SB 276, c. 285, § 612, eff. 10/1/1978; Amended by Laws 2002, HB 1939, c. 468, §52, eff. 11/1/2002.
Plain-English Summary
Whenever a witness leans on a record or object to jog memory, before or during testimony, the adverse party gets real access to it: production at the hearing, inspection, cross-examination on it, and the right to put the relevant parts into evidence. If the parties disagree about what's related to the testimony, the court reviews the material in chambers, cuts out anything unrelated, and hands over the rest -- while preserving the withheld portion for the appellate court in case of appeal.
The section also has teeth for noncompliance. If a record or object isn't produced, made available, or delivered as ordered, the court can make any order justice requires. In a criminal case, though, if the prosecution is the one that won't comply, the remedy is fixed: the court must strike the testimony or declare a mistrial.
Frequently Asked Questions
Does a witness have to hand over notes used to prepare for testimony?
If the witness used a record or object to refresh memory while testifying or beforehand, the court must let an adverse party have it produced, inspect it, cross-examine the witness on it, and introduce the related portions.
What happens if the parties disagree about which parts of a document relate to the testimony?
The court examines the record or object in chambers, excises any unrelated portions, and orders the remainder delivered; anything withheld over objection is preserved for the appellate court.
What if the prosecution refuses to produce the writing in a criminal case?
The court must order the testimony stricken or declare a mistrial -- that remedy isn't discretionary the way the general "order justice requires" standard is.
Can the whole document be introduced once it's produced?
No, only "those portions which relate to the testimony of the witness" come into evidence.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: writing to refresh recollection oklahoma12 O.S. § 2612FRE 612 oklahoma equivalentrefreshing witness memory evidence rule oklahoma