Under Rule 612, what is the status of the writing used to refresh memory during testimony?

• A. It becomes substantive evidence and is read to the jury.
• B. It is not evidence unless used to refresh memory.
• C. It must always be admitted into evidence.
• D. It cannot be used at all.

Answer: (B)

Rule 612 focuses on refreshing a witness’s memory, not proving the facts themselves. When a witness uses a writing to jog memory during testimony, that writing is not evidence of the events or facts being testified about. Its purpose is purely to help the witness remember, so the jury hears the witness’s memory rather than the document as proof. The adverse party has the right to inspect the writing and use it to cross-examine the witness, but the contents don’t become substantive evidence unless a separate path applies (for example, if the writing is a past recollection recorded that can be read into evidence under the rule’s specific standards). So, in the usual refreshing-memory scenario, the writing remains non-evidentiary.