TITLE ONE — GENERAL PROVISIONS
Rule 106. Doctrine of Completeness
Remainder of Writings or Recorded Statements. If a party introduces all or part of a writing or recorded statement, the court may permit an adverse party to introduce any other part of the writing or statement that is (1) on the same subject, (2) part of the same writing or conversation, and (3) necessary to an understanding of the admitted writing or statement.
Curative Admissibility. When the erroneous admission of evidence causes a party to suffer significant prejudice, the court may permit incompetent evidence to be introduced to cure or minimize the prejudice.
Time of the Request. An adverse party may request the introduction of the additional part at the time the writing or statement is introduced, in which case the court may require it to be introduced then, or may reserve the additional part for the adverse party’s own case. A request made after the close of the evidence is untimely unless the ground could not reasonably have been known earlier.
Determination by the Court. Whether a part satisfies Rule 106(1) is a preliminary question for the court under Rule 104(1). The court shall state on the record the part it admits under this rule.
Effect of Admission. A part admitted under Rule 106(1) is not excluded by the rule against hearsay, and is admitted to place the admitted part in context. The court may instruct the trier of fact as to the purpose for which the part is admitted.
Recordings, Logs, Captures, and In-Game Records. Where a party introduces an excerpt of a recording, a log, a capture, or an in-game record:
the party shall, on request, make the whole of the item available to every adverse party;
the court may require the party to introduce any further portion that satisfies Rule 106(1);
where the completeness or continuity of an excerpt is challenged, the court may require the proponent to produce the source of the excerpt, or so much of the log as is necessary to establish its context, subject to Rules 1108 and 1109; and
where the whole cannot be transmitted through the electronic filing system because a single document may not exceed fifty (50) megabytes, the court may direct that the whole be presented in the proceeding communications and that the portions relied upon be filed, and shall record on the docket the manner of presentation.
Introduction of Additional Matter by the Proponent. Where the court requires an additional part to be introduced under this rule, the proponent may introduce it, or the court may permit the adverse party to introduce it, and the party introducing it does not thereby vouch for it or become the party who called any declarant.
Evidence Opening the Door. A party who introduces evidence upon a subject may, in the court’s discretion, render admissible otherwise inadmissible evidence upon the same subject where necessary to prevent the trier of fact from receiving a distorted or incomplete impression. The court shall determine the scope of the matter opened and shall confine the responsive evidence to it.
Remedies for Prejudice. In exercising the authority conferred by Rule 106(2) and Rule 106(8), the court shall employ the least intrusive remedy adequate to cure the prejudice, in the following order of preference: striking the offending evidence with an instruction to disregard; a curative instruction; permitting responsive evidence; and, only where no other remedy is adequate, a mistrial.