BILL NUMBER: S6128
SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to the use
of writings and objects to refresh recollection
 
PURPOSE:
To supplement New York's common law refreshing recollection doctrine.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill governs the use of a writing, an object, or other
material to refresh the witness' recollection while testifying at a
trial, hearing, or deposition, the use of a writing, an object, or other
material to refresh the witness' recollection before testifying at a
trial, hearing, or deposition, and sets forth the terms of the
production and use of the writing, object, or other material required to
be produced.
Section 2 of the bill states the effective date.
 
JUSTIFICATION:
The absence of Court of Appeals precedent and the conflicting decisions
among the Appellate Division departments governing this issue warrant
legislation providing guidance on the issue. The proposed statute
supplements New York's common law refreshing recollection doctrine, see
Guide to New York Evidence. § 6.09, and comprises three parts. These
provisions level the playing field between witness and adverse party,
and safeguard against using a right of inspection as a pretext for an
unwarranted discovery fishing expedition.
 
LEGISLATIVE HISTORY:
2023-2024: S.7043 (Hoylman-Sigal) Died in Committee
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.