FRE · Rule 106

FRE Rule 106

Quick Answer

What is FRE Rule 106?

FRE Rule 106 addresses the rule of completeness, allowing a party to introduce additional parts of a statement to provide context.

Source: FRE Rule 106

Official Text
When a writing or recorded statement or part thereof is introduced by a party, an adverse party may require the introduction, at that time, of any other part or any other writing or recorded statement that in fairness ought to be considered contemporaneously with it.
Plain Language

FRE Rule 106 is known as the rule of completeness. It allows a party to present additional portions of a document or recording if the initial presentation would be misleading without the context of those additional parts.

Purpose

The rule seeks to prevent the misleading presentation of evidence by allowing relevant context to be considered. It promotes fairness during the trial by ensuring that information is not taken out of context.

Key Provisions

Subsection (a) - Rule of Completeness

If a party introduces part of a document or statement, the opposing party can require the introduction of additional parts to provide necessary context.

Practice Notes
  • Always consider the potential for a statement or document to be misleading if presented in isolation; prepare to introduce further context.
  • Communicate effectively with your opposing counsel about the documents you're presenting to anticipate the need for completeness.
  • Objecting to the introduction of evidence under Rule 106 may require a sensitive approach, as it can affect the procedural fairness perceived by the judge.
Landmark Cases

United States v. Abel

The court emphasized the necessity of presenting parts of statements to prevent distortion, underscoring the application of the rule in trials.

Exam Tip

Rule 106 can appear in exam questions in the context of evidentiary challenges, commonly regarding the completeness of documents or statements. Pay attention to whether the presentation of evidence could mislead the jury.

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