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FEDERAL RULES OF EVIDENCE

RULE 106

Rule 106. Remainder of or Related Writings or Recorded Statements

If a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction, at that time, of any other part — or any other writing or recorded statement — that in fairness ought to be considered at the same time.

Notes

(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1930; Mar. 2, 1987, eff. Oct. 1, 1987; Apr. 26, 2011, eff. Dec. 1, 2011.)

Notes of Advisory Committee on Proposed Rules

The rule is an expression of the rule of completeness. McCormick §56. It is manifested as to depositions in Rule 32(a)(4) of the Federal Rules of Civil Procedure, of which the proposed rule is substantially a restatement.

The rule is based on two considerations. The first is the misleading impression created by taking matters out of context. The second is the inadequacy of repair work when delayed to a point later in the trial. See McCormick §56; California Evidence Code §356. The rule does not in any way circumscribe the right of the adversary to develop the matter on cross-examination or as part of his own case.

For practical reasons, the rule is limited to writings and recorded statements and does not apply to conversations.

Notes of Advisory Committee on Rules—1987 Amendment

The amendments are technical. No substantive change is intended.

Committee Notes on Rules—2011 Amendment

The language of Rule 106 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

 

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Federal Rules of Evidence
ARTICLE I. GENERAL PROVISIONS
Rule 101. Scope
Rule 102. Purpose and Construction
Rule 103. Rulings on Evidence
Rule 104. Preliminary Questions
Rule 105. Limited Admissibility
Rule 106. Remainder of or Related Writings or Recorded Statements
ARTICLE II. JUDICIAL NOTICE
Rule 201. Judicial Notice of Adjudicative Facts
ARTICLE III. PRESUMPTIONS IN CIVIL ACTIONS AND PROCEEDINGS
Rule 301. Presumptions in General Civil Actions and Proceedings
Rule 302. Applicability of State Law in Civil Actions and Proceedings
ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule 401. Definition of "Relevant Evidence"
Rule 402. Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 403. Exclusion of Relevant Evidence on Grounds of Prejudice, Confusion, or Waste of Time
Rule 404. Character Evidence Not Admissible To Prove Conduct; Exceptions; Other Crimes
Rule 405. Methods of Proving Character
Rule 406. Habit; Routine Practice
Rule 407. Subsequent Remedial Measures
Rule 408. Compromise and Offers to Compromise
Rule 409. Payment of Medical and Similar Expenses
Rule 410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
Rule 411. Liability Insurance
Rule 412. Sex Offense Cases; Relevance of Alleged Victim's Past Sexual Behavior or Alleged Sexual Predisposition
Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
Rule 414. Evidence of Similar Crimes in Child Molestation Cases
Rule 415. Evidence of Similar Acts in Civil Cases Concerning Sexual Assault or Child Molestation
ARTICLE V. PRIVILEGES
Rule 501. General Rule
Rule 502. Attorney-Client Privilege and Work Product; Limitations on Waiver
ARTICLE VI. WITNESSES
Rule 601. General Rule of Competency
Rule 602. Lack of Personal Knowledge
Rule 603. Oath or Affirmation
Rule 604. Interpreters
Rule 605. Competency of Judge as Witness
Rule 606. Competency of Juror as Witness
Rule 607. Who May Impeach
Rule 608. Evidence of Character and Conduct of Witness
Rule 609. Impeachment by Evidence of Conviction of Crime
Rule 610. Religious Beliefs or Opinions
Rule 611. Mode and Order of Interrogation and Presentation
Rule 612. Writing Used to Refresh Memory
Rule 613. Prior Statements of Witnesses
Rule 614. Calling and Interrogation of Witnesses by Court
Rule 615. Exclusion of Witnesses
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701. Opinion Testimony by Lay Witnesses
Rule 702. Testimony by Experts
Rule 703. Bases of Opinion Testimony by Experts
Rule 704. Opinion on Ultimate Issue
Rule 705. Disclosure of Facts or Data Underlying Expert Opinion
Rule 706. Court Appointed Experts
ARTICLE VIII. HEARSAY
Rule 801. Definitions
Rule 802. Hearsay Rule
Rule 803. Hearsay Exceptions; Availability of Declarant Immaterial
Rule 804. Hearsay Exceptions; Declarant Unavailable
Rule 805. Hearsay Within Hearsay
Rule 806. Attacking and Supporting Credibility of Declarant
Rule 807. Residual Exception
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 901. Requirement of Authentication or Identification
Rule 902. Self-authentication
Rule 903. Subscribing Witness' Testimony Unnecessary
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001. Definitions
Rule 1002. Requirement of Original
Rule 1003. Admissibility of Duplicates
Rule 1004. Admissibility of Other Evidence of Contents
Rule 1005. Public Records
Rule 1006. Summaries
Rule 1007. Testimony or Written Admission of Party
Rule 1008. Functions of Court and Jury
ARTICLE XI. MISCELLANEOUS RULES
Rule 1101. Applicability of Rules
Rule 1102. Amendments
Rule 1103. Title
 
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