Tuesday, August 30, 2016
One issue I keep seeing from appeal cases in. Mississippi is Rule 1006 issues concerning admissibility. The only requirements for a Rule 1006 summary to be admissible are: (1) the summary or compilation must be of evidentiary matter that is too voluminous to be examined conveniently in court; (2) the summary or compilation must be based on that evidence; and (3) the originals must have been made reasonably available for inspection and copying, and you should have the originals available in case the judge orders that they be produced in court. The main thing on this is that the party who prepared the summary needs to testify. I keep seeing people trying to use the opposing party to admit the contents of a summary they did not prepare. It is not admissible this way and I have yet to find a case where the trial court has let one in like that.