Summaries — Rule 1006

• Jurisdiction: Colorado

Summaries — Rule 1006

SUMMARY OF RULE 1006

• Contents should involve voluminous writings, recordings.
• Originals or duplicates must be made available at a reasonable time and place.
• The court may order the documents to be produced in court.

LEGAL AUTHORITIES

• Underlying documents must otherwise be admissible evidence, and the party must provide a copy of the summary in advance. If the records are so voluminous as to require summary, production of the records during trial does not satisfy the duty to make them available at a reasonable time and place, sufficiently in advance to allow the opposing party to prepare for cross-examination. People v. McDonald, 15 P.3d 788 (Colo. App. 2000).

• Summary evidence under CRE 1006 is not objectionable on the basis that it violates the best evidence rule if a proper foundation is established, as questions concerning authenticity and credibility go to the weight of the evidence, not admissibility. Airborne, Inc. v. Denver Air Center, Inc., 832 P.2d 1086 (Colo. App. 1992).

• Authenticity of the underlying medical records for a summary of medical bills was deemed admitted when the summary was listed in the trial data certificate and the opponent failed to make a timely objection. Pyles-Knutzen v. Board of County Comm'rs, 781 P.2d 164 (Colo. App. 1989).

• The court abuses its discretion in admitting summary charts that characterize the evidence in an argumentative manner rather than simply organizing...