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University of Memphis Law Review

Authors

Peter Bouck

Abstract

The evidentiary rule of completeness is a common law and statutory rule of fairness that prevents one party from creating a distorted picture out of partial evidence at trial.1 If a prosecutor admits one part of a defendant’s confession, “The murder weapon was mine,” the rule of completeness permits the admission of the second, “but I had sold it months earlier.”2 The version of the rule of completeness codified in Federal Rule of Evidence (“FRE”) 106 states: If a party introduces all or part of a statement, an adverse party may require the introduction, at that time, of any other part—or any other statement—that in fairness ought to be considered at the same time. The adverse party may do so over a hearsay objection.3 Thus, the rule of completeness is a powerful rule of inclusion that, while still subject to some rules of exclusion, can trump a hearsay objection.

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