Rule 106. REMAINDER OF OR RELATED WRITINGS OR STATEMENTS

RULE 106

REMAINDER OF OR RELATED WRITINGS OR STATEMENTS

When a writing, or recorded statement, or part thereof is introduced by a party, an adverse party may require the introduction at that time of any other part or any other writing or recorded statement which ought in fairness to be considered contemporaneously with it.

Note:

The law in this State has been that, when a part of a document or writing is introduced into evidence, the remainder may be introduced by the other party.

Dukes v. Smoak

, 181 S.C. 182, 186 S.E. 780 (1936). The same rule was applicable to conversations.

State v. Jackson

, 265 S.C. 278, 217 S.E.2d 794 (1975). However, the party seeking to bring out the remainder had to wait until cross-examination or the presentation of that party's case to do so. This rule, which is identical to the federal rule, changes the prior law as to written or recorded statements. The party seeking to introduce the remainder of a written or recorded statement can now require the remainder to be introduced at the same time the other part of the written or recorded statement is introduced. This rule does not change the order of proof as to the remainder of an unrecorded conversation; the party seeking to bring out the remainder must do so during cross-examination or during that party's case.