Senate bill · S6128 (2025-26)

Relates to the use of writings and objects to refresh recollection

Latest action Jun 5, 2025

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.

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Where it stands

Passed one of the two chambers; it still needs the other.

Introduced
In committee
Up for a vote
Passed one chamber
Passed
Enacted

New York State Senate

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Purpose, from the sponsor's memo

To supplement New York's common law refreshing recollection doctrine.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

Vote: Floor vote
NY SenateJun 5, 2025Result: passed
(42) (18) (0) (3)
Vote: Committee vote · Judiciary
Senate JudiciaryMay 12, 2025Result: passed
(17) (1) (0) (1)

The sponsor's argument

Why the sponsor says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

Jun 5, 2025
Sent to the executive
DELIVERED TO ASSEMBLY
NY Senate
Jun 5, 2025
Passed a chamber
PASSED SENATE
NY Senate
Jun 5, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Assembly
May 14, 2025
Advanced to Third Reading
ADVANCED TO THIRD READING
NY Senate
May 13, 2025
2ND Report CAL.
2ND REPORT CAL.
NY Senate

Show full history (2 earlier events)

May 12, 2025
1ST Report CAL.992
1ST REPORT CAL.992
NY Senate
Mar 5, 2025
Referred to committee
REFERRED TO JUDICIARY
NY Senate

About this record

Summary: The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.
Source: From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 2, 2026. About our data

Read the record

Read on NY Senate (opens in a new tab) The official record on nysenate.gov.

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