New York S 6128: Authorizes certain licensed health service professionals to form limited liability companies

Bill Text

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S06128 Summary:

BILL NOS06128 

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SAME ASNo Same As

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SPONSORHOYLMAN-SIGAL

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COSPNSR

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MLTSPNSR

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Add §4552, CPLR

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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.

Go to top S06128 Actions:

BILL NOS06128 

&nbsp

03/05/2025REFERRED TO JUDICIARY

05/12/20251ST REPORT CAL.992

05/13/20252ND REPORT CAL.

05/14/2025ADVANCED TO THIRD READING 

06/05/2025PASSED SENATE

06/05/2025DELIVERED TO ASSEMBLY

06/05/2025referred to judiciary

Go to topS06128 Committee&nbspVotes:

Go to topS06128 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS06128 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6128

 2025-2026 Regular Sessions

 IN SENATE

 March 5, 2025
 ___________

 Introduced by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
 when printed to be committed to the Committee on Judiciary

 AN ACT to amend the civil practice law and rules, in relation to the use
 of writings and objects to refresh recollection

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The civil practice law and rules is amended by adding a new
 2 section 4552 to read as follows:
 3 § 4552. Writings and objects used to refresh recollection. (a) While
 4 testifying. Except as otherwise provided by law in criminal
 5 proceedings, if a witness while testifying at a trial, hearing, or depo-
 6 sition uses a writing, an object, or other material to refresh the
 7 witness' recollection for the purpose of testifying at the trial, hear-
 8 ing, or deposition, an adverse party is entitled to inspect the writing,
 9 object, or other material at that time. The disclosure shall not be
 10 barred by any common law or statutory privilege, work product protection
 11 under subdivision (c) of section thirty-one hundred one of this chapter,
 12 or trial preparation protection under subparagraph two of subdivision
 13 (d) of section thirty-one hundred one of this chapter otherwise applica-
 14 ble to the writing, object, or other material.
 15 (b) Before testifying. If before testifying at a trial, hearing, or
 16 deposition a witness has used a writing, an object, or other material to
 17 refresh the witness' recollection, and the court in its discretion
 18 determines the interests of justice so require, an adverse party is
 19 entitled to production of the writing, object, or other material at the
 20 trial, hearing, or deposition where the witness is testifying or as soon
 21 afterward as practicable. Among the factors to be considered in deter-
 22 mining whether production is to be ordered are the importance of the
 23 witness' testimony, the extent to which the witness' testimony overlaps
 24 with the contents of the writing, object, or other material used, the
 25 amount of time elapsed between the use of the writing, object, or other

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD08387-01-5

 S. 6128 2

 1 material to refresh recollection and the witness' testimony, and the
 2 need of the party seeking production to test the witness' credibility.
 3 The privileged or protected nature of the material sought to be produced
 4 shall not bar production, but the court may consider any applicable
 5 privilege or protection as a factor in that determination.
 6 (c) Terms of production and use. When the adverse party is entitled
 7 to production of the writing, object, or other material under subdivi-
 8 sion (a) or (b) of this section, the adverse party may use the disclo-
 9 sure to cross-examine the witness about it and, only for the purpose of
 10 impeaching the witness, may introduce in evidence portions that relate
 11 to the witness' testimony. If the party resisting production claims the
 12 writing, object, or other material includes matter unrelated to the
 13 witness' testimony, the court shall examine the writing, object, or
 14 other material in camera and excise any unrelated matter. If the writ-
 15 ing, object, or other material is not produced as ordered, the court may
 16 issue