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NY S06128

Bill

Status

Engrossed

6/5/2025

Primary Sponsor

Brad Hoylman-Sigal

Click for details

Origin

Senate

2025-2026 General Assembly

AI Summary

  • Allows adverse parties to immediately inspect any writing, object, or material a witness uses to refresh their memory while testifying at a trial, hearing, or deposition

  • Permits courts to order production of materials used to refresh recollection before testifying, based on factors including the importance of testimony, overlap between testimony and materials, time elapsed, and need to test credibility

  • Overrides common law privileges, statutory privileges, and work product protections that would otherwise shield materials used to refresh a witness's recollection

  • Authorizes adverse parties to use disclosed materials for cross-examination and to introduce relevant portions as evidence solely for impeachment purposes

  • Requires courts to conduct in camera review and excise unrelated matter if the producing party claims the materials contain information unrelated to testimony

Legislative Description

Relates to when an adverse party is entitled to production of a writing, object, or other material a witness has used to refresh the witness' recollection.

Last Action

referred to judiciary

6/5/2025

Committee Referrals

Judiciary6/5/2025
Judiciary3/5/2025

Full Bill Text

No bill text available