Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A summary, chart, or calculation offered to prove the content of voluminous admissible writings, recordings, or photographs that cannot be conveniently examined in court. The underlying materials must themselves be admissible and must be made available for examination or copying by other parties at a reasonable time and place.
A summary, chart, or calculation that functions only as an illustrative aid rather than as proof of content. Such an item is governed by the rule on illustrative aids instead of the rule on summaries to prove content.
Each sense below has its own examples, sources, and questions.
A summary, chart, or calculation offered to prove the content of voluminous admissible writings, recordings, or photographs that cannot be conveniently examined in court. The underlying materials must themselves be admissible and must be made available for examination or copying by other parties at a reasonable time and place.
Select any source to read its text and confirm it supports the definition.
Federal prosecutors charge North Valley Health System with billing fraud and call a data analyst to introduce a chart summarizing tens of thousands of patient billing records over ten years. The hospital objects that the records could be reviewed individually and that the full database was never produced in court. The court admits the chart because the underlying records are voluminous and admissible and were made available for inspection before trial.
A party may use a summary when the underlying writings, recordings, or photographs are voluminous and cannot be conveniently examined in court. The underlying materials must be admissible and must be made available for inspection or copying at a reasonable time and place.
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No. The rule expressly permits the summary to be admitted even when the originals have not been introduced. The proponent need only show that the underlying materials are admissible and were made available for examination.
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A summary, chart, or calculation that functions only as an illustrative aid rather than as proof of content. Such an item is governed by the rule on illustrative aids instead of the rule on summaries to prove content.
Select any source to read its text and confirm it supports the definition.
In a securities fraud trial, Star Capital offers a one-page demonstrative that visually highlights selected trading tickets to illustrate an expert's testimony about commission patterns. Renee objects that the demonstrative was never made available for inspection. The court rules that the item functions only as an illustrative aid and therefore falls under the rule governing demonstratives rather than the rule on summaries to prove content.
When a summary, chart, or calculation serves only as an illustrative aid, it is governed by the rule on illustrative aids rather than the rule on summaries to prove content.
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The court considers the absolute number of documents, the time required for line-by-line review, and whether the jury could realistically absorb the information without a summary. Organization or electronic format alone does not defeat the voluminous finding when the total volume makes in-court examination impractical.
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The proponent must give other parties a reasonable opportunity to examine or copy the underlying originals or duplicates at a reasonable time and place. An offer of supervised access weeks before trial at the proponent's facility can satisfy the requirement even if the opponent declines to inspect.
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