Summary Exhibit
A summary, chart, or calculation offered to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court (FRE 1006).
What You Need to Know
Federal Rule of Evidence 1006 permits qualifying summaries, charts, or calculations of voluminous admissible material that cannot conveniently be examined in court. The originals or duplicates must be made available as the rule requires. The court decides whether evidence is admissible. An aid that only illustrates evidence or argument is governed by Rule 107 instead.
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Frequently Asked Questions
What are the requirements to admit a summary exhibit under FRE 1006?
Under Federal Rule of Evidence 1006, the court may admit a summary, chart, or calculation of voluminous admissible writings, recordings, or photographs that cannot be conveniently examined in court, and the proponent must make the underlying originals or duplicates available to other parties for examination or copying at a reasonable time and place. The court has discretion to determine whether documents are sufficiently voluminous to justify a summary.
How do I get a summary exhibit admitted at trial?
The process typically involves: (1) produce underlying documents to opposing counsel during discovery, (2) disclose the summary exhibit in pretrial disclosures per Federal Rules of Civil Procedure 26(a)(3), (3) provide the underlying documents for inspection before trial, (4) at trial, call a witness who created or reviewed the summary to testify it accurately represents the underlying documents, (5) formally offer the summary under FRE 1006. The witness must explain the methodology and confirm they reviewed all underlying documents. Be prepared to answer challenges about accuracy or missing data.
Do underlying documents need to be admitted if I use a summary exhibit?
No, the underlying documents do not need to be separately admitted if the summary exhibit satisfies Federal Rules of Evidence 1006 requirements. The summary becomes the admitted evidence. However, the underlying documents must be admissible (not hearsay, properly authenticated) and made available to opposing counsel for examination. Opposing counsel may introduce specific underlying documents to challenge the summary's accuracy or completeness. Under Federal Rule of Evidence 1006, the proponent must make the underlying originals or duplicates available to other parties, and the court may order them produced in court.
When It's Used
Used when underlying documents are too extensive to present page-by-page
Example
"A spreadsheet summarizing 500 invoices to show total damages claimed."
References to check
Related Terms
Demonstrative Evidence
A chart, diagram, model, or other visual presentation used to explain a point. Its legal treatment depends on whether it is evidence or only an illustrative aid.
Trial Exhibit
Evidence formally marked and offered during trial proceedings. Must be authenticated and admitted before the jury can consider it.
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