§1006 Summaries

• Library: Evidence Restated Deskbook (2021 Ed.)

§1006 Summaries

The contents of voluminous writings or recordings that cannot conveniently be examined in court may, in the discretion of the court, be presented in the form of a chart, summary, or calculation. The proponent of the summary should notify the opposing party of the plan to use the summary at trial and should make the original writings available to the opposing party for inspection. The notice should be given within a reasonable time before the actual use of the summary. The court should fix the reasonable time and may order that the original writings be produced in court.

Notes

Caselaw provides that a trial court has considerable discretion to admit secondary evidence of contents if the primary evidence is voluminous or complicated. City of Kansas City ex rel. Jennings v. Integon Indem. Corp., 857 S.W.2d 233, 237 (Mo. App. W.D. 1933).

Accordingly, a trial court may, in its...