New York S06128 amends the civil practice law to clarify when an adverse party can request production of materials a witness used to refresh their.
New York S06128 amends the civil practice law by adding a new section 4552. This section specifies that an adverse party is entitled to inspect materials a witness used to refresh their recollection, either while the witness is testifying or before they testify, if the court determines it is in the interests of justice. The adverse party can use the materials to cross-examine the witness and, for impeachment purposes, introduce relevant portions in evidence. The court can order further action if the materials are not produced as ordered. The act takes effect immediately.
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