Evidence-Wellborn SU2006 Outline

Procedural posture district judge applying the best

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Unformatted text preview: nable time and place. The court may order that they be produced in court. Foundation for summary: Must establish the admissibility of the underlying materials and the accuracy of the summary. Voluminousness: Rule 1006 does not require that it be literally impossible to examine all the underlying records, but only that in-court examination would be an inconvenience. Rule 1006 only governs summaries prepared for use at trial. Business record made and kept in the regular course of business, properly qualified according to the requirements of Rule 803(6) is not subject to the Rule 1006 requirements even though it may in fact be a "summary" of some underlying materials. UNITED STATES v. BAKKER [Best Evidence Rule Summaries: FRE 1006] Facts: Bakkers found a corporation known as the PTL Solicited donations for a retreat center they were going to build Converted the money, did not use them as promised. Procedural Posture: Government obtains 200 hours of PTL broadcasts, allegedly showing the Bakkers attempts during the broadcasts to solicit funds for Heritage Village. Gets an agent to edit these 200 hours into a one hour summary of highlights. Bakkers contend that before the composite tapes could come in...
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