Nevada Revised Statutes 50.125 – Writing used to refresh memory
1. If a witness uses a writing to refresh his or her memory:
Terms Used In Nevada Revised Statutes 50.125
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Chambers: A judge's office.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.