Document Type

Article

Publication Title

Minnesota Law Review Headnotes

Publication Date

2021

ISSN

1931-9711

Page Number

323

Keywords

federal rules of evidence, Rule 106, rule against hearsay

Disciplines

Evidence | Law

Abstract

In "Evidentiary Irony and the Incomplete Rule of Completeness," Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform proposal. Their proposal admirably solves the identified problems, keeps the rule reasonably succinct, and furthers the accuracy and fairness goals of the rules of evidence. In this Response, we focus on Capra & Richter's proposal to formally recognize a "trumping" power in Rule 106, which would allow an adverse party to offer a completing statement even if it would be "otherwise inadmissible under the rule against hearsay."

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Evidence Commons

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