Can a Witness Use Notes on the Stand In Texas ?
If a witness "uses a writing to refresh memory for the purpose of testifying," an adverse party is entitled to production of that writing for purposes of cross-examination. TEX. R. EVID. 612.
The rule further provides that if it is claimed that the writing contains matters not related to the subject matter of the testimony, the court shall inspect it in camera and redact those matters before production.
When confronted with a claim that a document should have been produced, the question under the rule is whether the writing "relates to" the testimony of the witness. Robertson v. State, 871 S.W.2d 701, 709 (Tex. Crim. App. 1993).
Our review of the trial court's regulation of cross- examination is under the abuse of discretion standard. Fuentes v. State, 832 S.W.2d 635, 638 (Tex. App.-Houston [14th Dist.] 1992, pet. ref'd) (quoting Toler v. State, 546 S.W.2d 290, 295 (Tex. Crim. App. 1977)).