Trial lawyers should value more compact cases. Jurors appreciate the brevity. A key way to do that in a document-intense case is through the use of an evidence summary to prove the content of a writing, a recording or photographs under Federal Rule of Evidence 1006. The form the summary can take is limited only by an attorney’s imagination. Flow charts, timelines and similar graphics in combination with text are examples.
Next Monday a revised Rule 1006 will take effect. The first of the rule changes addresses a question raised in case law: whether the summary itself is admissible in evidence and therefore can be taken back to the jury room. The revised rule clarifies that summaries can be introduced into evidence.
The second revision addresses case law that has held that all the underlying evidence must be admitted before a summary can be considered. The revised rule specifies that a summary is admissible whether or not the underlying evidence has been admitted.
Finally, revised Rule 1006 acknowledges that what one considers a summary may more properly be considered an illustrative aide or demonstrative evidence under companion Rule 107 which also takes effect next week. (I wrote about FRE 107 a few weeks ago).
Evidence summaries alongside illustrative aides and demonstrative evidence are powerful tools that can help trial lawyers simplify complex cases. The revisions to Rule 1006 will furnish trial lawyers with greater flexibility when using these summaries.
