Bill > S06128

This bill amends the New York Civil Practice Law and Rules by adding a new section that clarifies when an adverse party can access materials a witness uses to refresh their memory during legal proceedings. The bill establishes two main scenarios: (1) during testimony, where an adverse party is automatically entitled to inspect any writing, object, or material used by a witness to refresh their recollection, regardless of previous privileges or protections, and (2) before testimony, where a court can discretionarily order production of such materials based on factors like the importance of the witness's testimony, overlap of content, time elapsed since memory refreshment, and the need to test witness credibility. In both scenarios, the adverse party can use the disclosed materials to cross-examine the witness and can introduce portions of the material for the purpose of impeaching the witness's testimony. If the material contains unrelated content, the court can review it privately and remove irrelevant sections. The bill aims to promote transparency and fairness in legal proceedings by providing clearer guidelines for accessing memory-refreshing materials.

Justice

https://www.nysenate.gov/legislation/bills/2025/S6128