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CFR  

Code of Federal Regulations Pertaining to U.S. Department of Labor

Title 29  

Labor

 

Chapter I  

Office of the Secretary of Labor

 

 

Part 18  

Rules of Practice and Procedure for Administrative Hearings Before the Office of Administrative Law Judges

 

 

 

Subpart B  

Rules of Evidence


29 CFR 18.612 - Writing used to refresh memory.

  • Section Number: 18.612
  • Section Name: Writing used to refresh memory.

    If a witness uses a writing to refresh memory for the purpose of 


testifying, either while testifying, or before testifying if the judge 


in the judge's discretion determines it is necessary in the interest of 


justice, an adverse party is entitled to have the writing produced at 


the hearing, to inspect it, to cross-examine the witness thereon, and to 


introduce in evidence those portions which relate to the testimony of 


the witness. 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 camera, excise any portion 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 in the 


event of review. If a writing is not produced or delivered pursuant to 


order under this rule, the judge shall make any order justice requires.
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