Michael J. Hutter Introduction
New York has long recognized the common law rule of completeness. See Rouse v. Whited, 25 NY 170, 174-175 (1862) (tracing the rule back to its earliest roots in New York in the early 1800s). As set forth in the Guide to New York Evidence Rule 4.03, the rule provides as follows: "When part of a writing, conversation, recorded statement or testimony, or evidence of part of a transaction is admitted, any other part of that writing, conversation, recorded statement or testimony, or evidence of any other part of the transaction, may be admitted when necessary to complete, explain, or clarify the previously admitted part. The timing of the admission of such additional parts is subject to the court's discretion."NY's Rule of Completeness: An Effective Tool in Presenting Your Case
This column will discuss New York's rule of completeness as presently applied. The discussion is timely in view of a proposed amendment to Federal Rule of Evidence (FRE) 106, which codifies the federal version of the common law rule of completeness.
May 31, 2023 at 10:19 AM
12 minute read
Michael J. Hutter
Introduction
New York has long recognized the common law rule of completeness. See Rouse v. Whited, 25 NY 170, 174-175 (1862) (tracing the rule back to its earliest roots in New York in the early 1800s). As set forth in the Guide to New York Evidence Rule 4.03, the rule provides as follows: "When part of a writing, conversation, recorded statement or testimony, or evidence of part of a transaction is admitted, any other part of that writing, conversation, recorded statement or testimony, or evidence of any other part of the transaction, may be admitted when necessary to complete, explain, or clarify the previously admitted part. The timing of the admission of such additional parts is subject to the court's discretion."
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