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Article
Completing the Quantum of Evidence
Minnesota Law Review Headnotes
  • Edward K. Cheng, Vanderbilt University Law School
  • Brooke Bowerman
Document Type
Article
Publication Date
1-1-2021
Keywords
  • federal rules of evidence,
  • Rule 106,
  • rule against hearsay
Disciplines
Abstract

In "Evidentiary Irony and the Incomplete Rule of Completeness," Professors Daniel Capra and Liesa Richter comprehensively catalog the many shortcomings in current Federal Rule of Evidence 106 and craft a compelling reform proposal. Their proposal admirably solves the identified problems, keeps the rule reasonably succinct, and furthers the accuracy and fairness goals of the rules of evidence. In this Response, we focus on Capra & Richter's proposal to formally recognize a "trumping" power in Rule 106, which would allow an adverse party to offer a completing statement even if it would be "otherwise inadmissible under the rule against hearsay."

Citation Information
Edward K. Cheng and Brooke Bowerman. "Completing the Quantum of Evidence" Minnesota Law Review Headnotes Vol. 105 (2021) p. 323 ISSN: 1931-9711
Available at: http://works.bepress.com/edward-cheng/25/