Leveraging Federal Rule of Evidence 1006: Using Summaries to Prove the Content of Voluminous Documents

Description

Summaries of medical bills, work logs, telephone calls, GPS location histories, photographs, bank deposits, withdrawals, etc., are allowed under Rule 1006. The summary is admissible only if the underlying documents are admissible. The proponent must demonstrate that the summary accurately reflects the documents' contents and make the other parties' underlying originals available for examination and copying.

As straightforward as the rule seems, confusion abounds. Some courts have held that Rule 1006 summaries are not evidence; others will not admit summaries unless all underlying documents have been actually admitted; and some courts, if the underlying records have been admitted into evidence, will exclude the summaries. Many courts and litigants incorrectly apply the rules for demonstrative exhibits in Rule 611 to Rule 1006.

Significant problems arise over the requirement that the summaries must accurately and truly reflect the content of the underlying material. Some object that summaries must not contain assumptions, conclusions, and arguments, but others suggest that Rule 1006 does not require objectivity. Occasionally, multiple, conflicting summaries are admitted. Inadmissible reports or hearsay have been known to find their way into evidence via Rule 1006. Counsel opposing the summary must be vigilant and proactive.

Listen as this experienced panel of litigators clarifies the confusion about how Rule 1006 works, jurisdictional differences, creative uses, and best strategies for dealing with summaries.