Summary Evidence

Summary Evidence

Summary Evidence

Rule 1006 permits a summary of voluminous writings that cannot conveniently be examined in court. The underlying materials must be admissible and made available to opposing parties.

Summaries under Rule 1006 are substantive evidence.

Alternative Names:

Summary Exhibit|Rule 1006 Summary

Why it Matters?

Rule 1006 summaries go to the jury room while demonstrative charts generally do not, which makes structuring key material as a summary rather than a demonstrative a meaningful advantage. The underlying records must be admissible even though not admitted, so a summary of inadmissible hearsay fails. Availability of the source materials for examination is a prerequisite the proponent must satisfy before offering.

Frequently asked questions

Do Rule 1006 summaries reach the jury room?

Do Rule 1006 summaries reach the jury room?

Yes, unlike demonstrative charts, which makes structuring key material as a summary advantageous.

Must the underlying records be admissible?

Must the underlying records be admissible?

Yes, even though they are not themselves admitted, so a summary of inadmissible hearsay fails.