The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. And the court may order the proponent to produce them in court.
Summary and Explanation
Federal Rule of Evidence 1006 pertains to the use of summaries to present voluminous data in court. Here’s a summary and explanation:
Content of the Rule: Rule 1006 states that a party may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. However, the original or duplicates must be made available for examination or copying, or both, by other parties at a reasonable time and place.
Purpose and Application:
- Practicality: This rule acknowledges that presenting and examining large amounts of data in court can be impractical and time-consuming.
- Efficiency: Summaries, charts, and calculations allow for a clearer and more efficient presentation of complex or extensive information.
Requirements:
- Availability of Originals/Duplicates: The originals or duplicates must be accessible to other parties for review, to ensure transparency and fairness.
- Reasonable Time and Place: The provision of originals or duplicates should be at a reasonable time and place, considering the convenience of all parties involved.
Scope:
- Applicable to any form of data that is extensive enough to be cumbersome to review in its entirety in court, like financial records, phone logs, or extensive technical data.
In essence, Rule 1006 provides a practical method for handling large volumes of data in court proceedings. By allowing summaries or other condensed formats, the rule facilitates the clear and efficient presentation of evidence while maintaining the availability of detailed, original data for scrutiny by all parties involved.
History
(Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1946; Apr. 26, 2011, eff. Dec. 1, 2011.)
Notes of Advisory Committee on Proposed Rules
The admission of summaries of voluminous books, records, or documents offers the only practicable means of making their contents available to judge and jury. The rule recognizes this practice, with appropriate safeguards. 4 Wigmore §1230.
Committee Notes on Rules—2011 Amendment
The language of Rule 1006 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.