Rule 106 Remainder of or Related Writings or Recorded Statements

• Jurisdiction: Arizona

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 which ought in fairness to be considered contemporaneously with it.

Comment

The purpose of this rule is to prevent evidence from being distorted by being introduced only in part. In order for the trial court to invoke this rule (1) the adverse party must object, (2) the trial court must determine whether introducing only a portion of the statement distorts its meaning, and (3) the trial court must determine whether this distortion should be corrected then or could be corrected later on cross-examination.[1] These determinations will be left to the discretion of the trial court. This rule is limited to writings and recorded statements, which would include letters, documents, tape recordings, and transcribed testimony. It would appear, therefore, not to include photographs or movies, although the trial court probably could apply this rule to them by virtue of Rule 102. The adverse party is not required to have the excluded portions admitted immediately introduction by the other party, but may...