Summaries to Prove Content

The proponent may use a summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place, unless the originals or duplicates to be used are identified and previously produced by any party. The court may order the proponent to produce the originals or duplicates in court. COMMENT ON RULE 1006 Rule 1006 is largely taken verbatim from its federal counterpart, The phrase "the originals or duplicates" is used in place of "them" for clarity. A clarifying phrase was added to prevent repeated unnecessary disclosures. The revised rule is substantively the same as the current state rule.