Thursday, September 26, 2013

Rule 1006 Summary Admissibility

Gardner v. Gardner decided on Tuesday of this week by the Mississippi Court of Appeals had an interesting issue in it concerning Rule 1006 of the Mississippi Rules of Evidence.  The case is located here.  The issue was that there was a Rule 1006 summary of bank account information entered into evidence and one of the parties claimed it was error.  The Court of Appeals said no it was not error since the underlying documents were made available to opposing counsel.  Here is one issue I did not see addressed in the case that I think is overlooked.  What if the underlying documents are not admissible, why should the summary be?  To me, the underlying documents have to be admissible too.  As such, if there is an objection to the authenticity of the underlying documents, the summary should logically be inadmissible too.   

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