What does Rule 612 permit a witness to use to refresh memory?

• A. AMTA-provided materials only during testimony
• B. Any material provided by AMTA to refresh memory
• C. Personal notes of counsel
• D. Prior statements to refresh memory

Answer: (D)

Rule 612 is about helping a witness remember what they know when they’re testifying. When a witness can’t recall a fact, they may look at a writing or other item to jog their memory. Importantly, this can include a prior statement made by the witness—the idea is to restore the witness’s present memory so they can testify from memory, not to prove the content of the writing itself. The material used to refresh memory can be shown to the witness and, on request, to the opposing party, but the purpose is memory refreshing, not admitting the writing as substantive evidence. That focus on using a prior statement to jog memory is why this option is the best fit for Rule 612. The other choices impose unnecessary restrictions to AMTA materials or point to sources (like counsel’s personal notes) that aren’t what Rule 612 centers on.