In his Ethics and Criminal Practice column, Joel Cohen, of counsel at Stroock & Stroock & Lavan, writes that truth-telling witnesses will inevitably remember probative events differently on different occasions, and one can easily understand why a prosecutor might prefer not to have to transmit a contemporaneous-to-the-inconsistency piece of paper directly into the hands of a skillful defense lawyer. But what law exists on this issue, given that no federal case law affirmatively obligates prosecutors or their witnesses to take notes?
May Prosecutors Bar Note Taking of Witness Interviews?
New York Law Journal
October 8, 2013