Under Rule 612, when may a witness refresh memory using materials provided by AMTA?

• A. After the witness has testified
• B. During or prior to giving testimony
• C. Only with the court's permission
• D. Only with the opposing party's consent

Answer: (B)

Rule 612 lets a witness refresh memory with a writing or other material, and this can happen either while the witness is testifying or before they begin testifying. The purpose is to jog memory so the witness can testify from memory after the refresh, rather than reading from the document itself. When a memory aid is used, the material must be available for inspection by the opposing party (and the court if needed) to ensure transparency and fairness. Because the refresh is meant to aid recall during the process of giving testimony, not after it’s finished, the timing is the key point: it can occur during the testimony or prior to giving it. It does not require the court’s permission or the opposing party’s consent to perform the refresh itself.