South Dakota § 19-19-612 - Writing used to refresh a witness's memory.
Full text of South Dakota South Dakota Codified Laws § 19-19-612 — Writing used to refresh a witness's memory., with citation guidance and answers to common questions.
§ 19-19-612. Writing used to refresh a witness's memory.
(a) Scope. This section gives an adverse party certain options when a witness uses a writing to refresh memory:
(1) While testifying; or
(2) Before testifying, if the court decides that justice requires the party to have those options.
(b) Adverse party's options; deleting unrelated matter. An adverse party entitled to have the writing produced at the hearing under subdivision (a) is entitled to inspect it, to cross-examine the witness about it, and to introduce in evidence any portion that relates to the witness's testimony. If the producing party claims that the writing includes unrelated matter, the court must examine the writing in camera, delete any unrelated portion, and order that the rest be delivered to the adverse party. Any portion deleted over objection must be preserved for the record.
(c) Failure to produce or deliver the writing. If a writing is not produced or is not delivered as ordered under subdivision (a) or (b), the court may issue any appropriate order. But if the prosecution does not comply in a criminal case, the court must strike the witness's testimony or--if justice so requires--declare a mistrial.
Source: SL 1979, ch 358 (Supreme Court Rule 78-2, Rule 612); SDCL §§ 19-14-21 to 19-14-23; SL 2016, ch 239 (Supreme Court Rule 15-45), eff. Jan. 1, 2016.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 19-19-612
What does South Dakota Codified Laws § 19-19-612 cover?
Section 19-19-612 ("Writing used to refresh a witness's memory.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 19-19-612?
A common citation format is "South Dakota Codified Laws § 19-19-612" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 19-19-612 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.