RULE 106. REMAINDER OF OR RELATED WRITINGS OR RECORDED STATEMENTS
Effective Date: 3/1/2014
If a party introduces all or part of a writing or recorded statement, an opposing 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.
Rule 106 was amended, effective March 1, 1990; March 1, 2014.
Rule 106 is not a rule of admissibility, but rather one dealing with order of proof and, as such, may be considered to be but a specific application of the general dictates of Rule 611.
The standard of fairness gives the trial court wide discretion under this rule, which accords with the powers of a trial court to regulate the mode and order of proof, generally, granted by Rule 611. Thus, the court need not admit all evidence that may be related to the evidence sought to be introduced. Rules of relevancy, and other rules of admissibility, generally, should guide the trial court's decision.
Rule 106 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.
SOURCES: Joint Procedure Committee Minutes of January 26-27, 2012, page 31; March 24-25, 1988, page 12; December 3, 1987, page 15; April 8, 1976, page 17; October 1, 1975, page 2. Fed.R.Ev. 106; Rule 106, SBAND proposal.
Cross Reference: N.D.R.Ev. 611 (Mode and Order of Interrogation and Presentation); N.D.R.Civ.P. 32 (Using Depositions in Court Proceedings) N.D.R.Crim.P. 15 (Depositions).