Minnesota Law Review Headnotes
federal rules of evidence, Rule 106, rule against hearsay
Evidence | Law
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."
Edward K. Cheng,
Completing the Quantum of Evidence, 105 Minnesota Law Review Headnotes. 323
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/1196