Writings, recordings, and photographs - Completeness rule

Learning Outcomes

After reading this article, you will be able to explain the Completeness Rule under the Federal Rules of Evidence, identify when and how it applies to writings, recordings, and photographs, and analyze scenarios where fairness requires introduction of additional context. You will be able to apply FRE 106 to MBE-style questions and avoid common pitfalls related to partial evidence.

MBE Syllabus

For the MBE, you are required to understand the rules governing the introduction of writings, recordings, and photographs, especially the Completeness Rule. This article focuses your revision on:

• The scope and operation of the Completeness Rule (FRE 106).
• When a party may require introduction of additional parts of a writing or recording.
• The rationale for admitting related evidence to avoid misleading the jury.
• The relationship between the Completeness Rule and other evidentiary doctrines.

Test Your Knowledge

Attempt these questions before reading this article. If you find some difficult or cannot remember the answers, remember to look more closely at that area during your revision.

1. Under the Completeness Rule, if a party introduces part of a written contract, the opposing party may:
   1. Only object to its admission.
   2. Require immediate introduction of any other part that in fairness should be considered.
   3. Wait until their own case-in-chief to introduce related parts.
   4. Exclude the rest of the contract as hearsay.
2. FRE 106 applies to:
   1. Only writings.
   2. Only oral statements.
   3. Writings and recordings.
   4. Only photographs.
3. The main purpose of the Completeness Rule is to:
   1. Exclude irrelevant evidence.
   2. Prevent misleading impressions from partial evidence.
   3. Limit cross-examination.
   4. Require all evidence to be introduced at once.

Introduction

The Federal Rules of Evidence recognize that presenting only part of a writing or recording can distort its meaning. To address this, the Completeness Rule (FRE 106) allows a party to require introduction of any other part—or any related writing or recorded statement—that in fairness ought to be considered at the same time. This rule ensures the jury receives a fair and accurate picture of the evidence, preventing one side from creating a misleading impression by introducing only selected portions.

Key Term: Completeness Rule
The evidentiary principle that allows a party to require introduction of any other part of a writing or recorded statement that in fairness should be considered at the same time as a portion introduced by the opposing party.

The Scope of the Completeness Rule

FRE 106 applies when a party introduces all or part of a writing or recorded statement. The opposing party may then require introduction of any other part—or any related writing or recorded statement—that in fairness ought to be considered at the same time. This rule is designed to prevent the jury from being misled by out-of-context or selective presentation of evidence.

Key Term: FRE 106
The Federal Rule of Evidence that codifies the Completeness Rule, governing the introduction of writings and recorded statements to ensure fairness.

When Does the Completeness Rule Apply?

The rule applies whenever a party introduces part of a writing or recording, whether during direct examination, cross-examination, or in response to a motion. The opposing party may immediately require introduction of any other part that is necessary to explain or qualify the portion already introduced. The court decides what is necessary "in fairness."

The rule covers both writings and recordings, including transcripts, letters, contracts, emails, and audio or video recordings. It does not directly apply to oral statements or photographs, but similar fairness principles may be invoked by analogy.

Key Term: Fairness Requirement
The standard under FRE 106 that determines whether additional material must be introduced to avoid misleading the jury.

How Is Additional Material Introduced?

If a party introduces a portion of a document or recording, the opposing party may request that related portions be introduced immediately, rather than waiting for their own case-in-chief. The court has discretion to determine what additional material is necessary for completeness and may exclude irrelevant or prejudicial material.

Worked Example 1.1

During trial, Party A introduces a single paragraph from a lengthy contract to show that Party B agreed to a specific delivery date. Party B objects and requests that the next paragraph, which contains an exception to the delivery date, be introduced at the same time. Should the court allow Party B's request?

Answer: Yes. Under FRE 106, Party B may require introduction of the related paragraph immediately, because in fairness the jury should see the exception to the delivery date to avoid a misleading impression.

Worked Example 1.2

In a criminal case, the prosecution introduces a portion of the defendant's recorded confession where the defendant admits being at the scene. The defense requests that the remainder of the recording, where the defendant denies involvement in the crime, be played for the jury at the same time. Is this permitted?

Answer: Yes. The defense may require introduction of the rest of the recording that explains or qualifies the admission, so the jury is not misled by the prosecution's selective use.

Relationship to Other Evidence Rules

The Completeness Rule does not override other rules of evidence, such as hearsay or relevance. However, if the additional material required for completeness is otherwise inadmissible (e.g., hearsay), courts may still admit it under FRE 106 if necessary to avoid unfairness. The rule is not a general exception to hearsay but may justify limited admission of otherwise inadmissible material for context.

Exam Warning

The Completeness Rule does not apply to oral statements or photographs. However, courts may use similar fairness principles by analogy. Always check whether the evidence is a writing or recording before relying on FRE 106.

Revision Tip

If you see a question where only part of a document or recording is introduced, always consider whether the rest is needed to prevent a misleading impression. FRE 106 is often tested in this context.

Key Point Checklist

This article has covered the following key knowledge points:

• The Completeness Rule (FRE 106) allows a party to require introduction of related parts of a writing or recording for fairness.
• The rule applies to writings and recordings, not oral statements or photographs.
• The court decides what additional material is necessary to avoid misleading the jury.
• FRE 106 may allow otherwise inadmissible material if needed for context, but does not override all other evidence rules.
• The rule ensures the jury receives a fair and accurate picture of the evidence.

Key Terms and Concepts

• Completeness Rule
• FRE 106
• Fairness Requirement