Writing used to refresh memory

1. If a witness uses a writing to refresh his or her memory: (a) While testifying, an adverse party is entitled: (1) To have it produced at the hearing; (2) To inspect it; (3) To cross-examine the witness thereon; and (4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility. (b) Before testifying, if the judge in his or her discretion determines that the interests of justice so require, an adverse party is entitled: (1) To have it produced at the hearing; (2) To inspect it; (3) To cross-examine the witness thereon; and (4) To introduce in evidence those portions which relate to the testimony of the witness for the purpose of affecting the witness’s credibility. 2. If it is claimed that the writing contains matters not related to the subject matter of the testimony, the judge shall examine the writing 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. 3. If a writing is not produced or delivered pursuant to order under this section, the judge shall make any order which justice requires, except that in criminal cases when the State elects not to comply, the order shall be one: (a) Striking the testimony; or (b) If the judge in his or her discretion determines that the interests of justice so require, declaring a mistrial.