Rule 106. Remainder of or Related Writings or Recorded Statements

If a party introduces all or part of a writing or recorded statement, an adverse

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.

Comment

This rule tracks F.R.E. 106. It is similar to Federal Rule of Civil Procedure

32(a)(6) and Delaware Court of Chancery Rule 32(a)(4) and Delaware

Superior Court Civil Rule 32(a)(4). The Committee rejected the substitution

of a “relevance” test for a “fairness” test for what must also be introduced if

part of a writing or statement is introduced.

For prior Delaware case illustrating the law covered by this rule, see Lowber

v. State, Del. Supr., 100 A. 322 (1917).

D.R.E. 106 was amended in 2017 in response to the 2011 restyling of the

Federal Rules of Evidence. The amendment is intended to be stylistic only.

The pre-2017 “Comment” to D.R.E. 106 was revised only as necessary to

reflect the 2017 amendments and the current language of the Federal Rules

of Civil Procedure. There is no intent to change any result in ruling on

evidence admissibility.

ARTICLE II. JUDICIAL NOTICE