Chapter 24 - Rule of Completeness

Question 1

The RULE that allows the opponent to IMMEDIATELY introduce OTHER portions of a document or a recording “that in fairness ought to be considered at the same time” as the first portion.

Answer 1

RULE 106 - Article I of the FRE

Question 2

Policy for RULE 106

Answer 2

To prevent litigants from misleading or confusing the jury through the use of piecemeal documents.

Question 3

RULE 106 applies ONLY to?

Answer 3

1. Written Documents

2. Recorded Statements

Question 4

RULE 106 does NOT apply to?

Answer 4

1. Oral Conversations
2. Photographs
3. Physical Objects

Question 5

When can RULE 106 be used to introduce WHOLE writings or recordings?

Answer 5

When necessary to understand another document offered by the opponent.

Question 6

RULE that some courts use to admit missing portions of an ORAL/EXCULPATORY STATMENT when necessary to avoid unfair prejudice or confusion.

Answer 6

RULE 403

Question 7

RULE used by some courts which gives the trial judge power to control the presentation of evidence.

Answer 7

RULE 611(a)

Question 8

The TIME interpretation of RULE 106

Answer 8

Some courts apply RULE 106 ONLY IF the document portions offered under that rule comply with ALL other Rules of Evidence.

Question 9

The ADMISSIBILITY interpretation of RULE 106 & its limitation.

Answer 9

RULE 106 gives parties an avenue for admitting portions of a document that would not otherwise be permissible.
a) RULE 403 Limitation still applies: causes unfair prejudice, confusion, or delay

Question 10

What does RULE 106 mean when it states that “may require the introduction, at the same time, of any other party”?

Answer 10

When RULE 106 applies, it allows the party to introduce portions of a writing or recording statement as soon as the opponent OFFERS THE INITIAL PIECE of the evidence. The party stops the proceedings and introduces the “completing” evidence IMMEDIATELY, rather than waiting for its won case or rebuttal.