§ 29.06 Key Points

JurisdictionUnited States
§ 29.06 Key Points

Under Rule 106, which codifies the rule of completeness, the other party has the right to introduce a second document immediately to place the first document in context. It is the "immediately" requirement that makes Rule 106 important; the party does not have to wait either for cross-examination or until it can introduce evidence. The rule applies to parts of documents as well as to recordings.

Oral statements. Rule 106 does not apply to oral conversations unless they are taped. The trial court, however, has authority under Rule 611(a) to apply the rule of completeness to conversations.

"Fairness" standard. Another passage, document, or recording may be required to (1) explain the admitted portion, (2) place the admitted portion in context, (3)...

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