Rule 2:106. Remainder of a Writing or Recorded Statement (rule 2:106(b) Derived from Code § 8.01-417.1)

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Rule 2:106. REMAINDER OF A WRITING OR RECORDED STATEMENT (Rule 2:106(b) derived from Code § 8.01-417.1)

(a) Related Portions of a Writing in Civil and Criminal Cases. When part of a writing or recorded statement is introduced by a party, upon motion by another party the court may require the offering party to introduce any other part of the writing or recorded statement which ought in fairness to be considered contemporaneously with it, unless such additional portions are inadmissible under the Rules of Evidence.

(b) Lengthy Documents in Civil Cases. To expedite trials in civil cases, upon timely motion, the court may permit the reading to the jury, or the introduction into evidence, of relevant portions of lengthy and complex documents without the necessity of having the jury hear or receive the entire document. The court, in its discretion, may permit the entire document to be received by the jury, or may order the parties to edit from any such document admitted into evidence information that is irrelevant to the proceedings.

NOTES

Subdivision (a). This is a rule of fairness and completeness with respect to writings and recordings which prevents parts from being taken out of context and used unfairly. While there rarely has been an issue about this basic principle, the case law supports the doctrine. See, e.g., Downer & Co. v. Morrison, 43 Va. (2 Gratt.) 250 (1845); Stonestreet v. Doyle, 75 Va. 356 (1881) (holding that the entire text of a correspondence must be admitted).

This provision is also consistent with Virginia Supreme Court Rule 4:7(a)(5), which provides that "[i]f only part of a deposition is...