Rule 1006. Summaries to Prove Content

Summary; Charts. The proponent may use a summary, chart, or the like to prove the content of voluminous writings or records that cannot be conveniently examined in court. The proponent must make the originals or duplicates available for examination or copying, or both, by other parties at a reasonable time and place. The court may order the proponent to produce the underlying documents or records in court.

Foundation. Before a summary is admitted, the proponent shall establish that the underlying writings or records are so voluminous that they cannot conveniently be examined in the proceeding; that the underlying writings or records are themselves admissible, whether or not they are offered; and that the summary fairly and accurately represents them. The witness who prepared the summary, or a witness who has verified it against the underlying material, shall be available for cross-examination upon the manner of its preparation and its accuracy.

Availability of the Underlying Material. The underlying originals or duplicates shall be made available in the manner in which discovery material is produced in the action, including by transmission in the proceeding communications, by direct message, or, where the volume or size of the material makes that impracticable, by upload to a trusted file hosting website as Rid. R. Civ. P. 32(6)(a)(i) permits. Availability shall be afforded early enough to allow a fair opportunity to verify the summary.

Notice. A party intending to offer a summary shall give every other party notice of that intention, and shall identify the underlying material, no later than the pre-trial conference or such earlier time as the court orders. The court may exclude a summary offered without the notice this subdivision requires where the opposing party has had no fair opportunity to verify it.

Summaries of Chat Logs and Message Records. A summary of messages posted in a channel or thread, of direct messages, of in-game chat, or of an in-game log may be offered under this rule. Such a summary shall state the server and channel or the conversation summarized, the usernames of the participants, the interval of time covered expressed in Coordinated Universal Time, and the criteria by which messages were selected. A summary which omits messages within the stated interval is subject to Rule 106 and to Rule 1108(5), and the court may require that the omitted material be supplied.

Summaries of In-Game and Transaction Records. A tabulation, ledger, or chart derived from in-game transaction, inventory, employment, or citation records may be offered under this rule upon the foundation stated in Rule 1006(2) together with the foundation for the underlying records stated in Rule 901(2)(k) and Rule 1108(3)(e).

Accuracy; Correction. A party may examine the preparer upon any error, omission, or selection made in the summary, and may offer a competing summary. Upon a showing that a summary is materially inaccurate, the court may exclude it, may require it to be corrected, or may admit it with an instruction as to its limitations.

Illustrative Aids Distinguished. A chart, timeline, diagram, or other aid prepared to illustrate testimony or argument, and not to prove the content of voluminous material, is not admitted under this rule. Such an aid is governed by Rule 1107(2)(d), is not evidence, does not go to the fact finder as an exhibit, and shall be marked for identification and preserved in the record.

Summary Admitted as Evidence. A summary admitted under this rule is evidence of the content of the underlying material. The court may admit the summary whether or not the underlying material is itself in evidence, provided the underlying material is admissible.