Use Rule 106 to Your Advantage: Introducing the Rest of the Story in Real Time
Rule 106 is more than just an obscure procedural rule governing the timing of the introduction of statements. It is tied to the fundamental objective of the adversary system, enabling parties to deliver robust arguments that are forceful yet within the bounds of fairness.
November 02, 2023 at 12:49 PM
9 minute read
Civil ProcedureConsider this scenario: Your client is under cross-examination. The opposing counsel is reading from your client's deposition transcript. Your client admitted to something unfavorable. The judge hears it; the jury hears it. You can tell that it's affecting their opinions of your client. You are also aware that within the next page of the deposition transcript, your client provided an explanation for her actions that provides the context for the earlier answer. You object as you know there is an explanation for the answer that would also render the cross-examiner's question misleading. The cross-examiner objects stating, "counsel can redirect if he wishes." And the judge sustains the objection. What is your course of action? You know that waiting until the end of cross-examination could be too late as it is hard to overcome one's view on something once it is formed.
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