If a witness has been hypnotized prior to trial, this fact should be disclosed to the court and the defendant. In many cases the government will be required under 18 U.S.C. 3500 to produce all of the witness's prior statements as Jencks material. See United States v. Miller, 411 F.2d 825 (2d Cir. 1969), and United States v. Adams, supra, at 198. But see United States v. Awkard, supra (raising fact of hypnosis, and expert witness's testimony bolstering accurateness of hypnotically refreshed testimony, prior to testimony or defense challenge).
Updated December 18, 2015