Rule 1006: Summaries to Prove Content

Rule 1006 provides a practical solution for cases involving massive quantities of documents, records, or data that would be impossible for a jury to review individually. Rather than having the jury sift through thousands of pages of bank records or years of business transactions, the proponent can present a summary, chart, or calculation that distills the key information.

The summary itself becomes the evidence — it is admitted as a substitute for the underlying voluminous materials. This distinguishes Rule 1006 summaries from pedagogical aids or demonstrative exhibits, which are used only to help explain testimony and are not themselves evidence. The distinction matters because 1006 summaries go to the jury room; demonstrative aids typically do not.

The safeguard is that the underlying originals or duplicates must be made available to the opposing party for examination and copying at a reasonable time and place. This allows the opponent to verify the accuracy of the summary, challenge it, and prepare cross-examination. The court can also order the underlying documents to be produced in court. The proponent bears the burden of ensuring the summary accurately represents the voluminous materials.