Rule 106. Remainder of writings or recorded statements

Remainder of writings or recorded statements. If a party introduces part of any statement, an adverse party may require the introduction at that time of any other part of the statement that in fairness ought to be considered at the same time. The adverse party may do so over a hearsay objection. [Amended 7-15-2024.]

Committee Notes

Advisory Committee’s Notes This rule constitutes a specialized application of the common law completeness doctrine. See 7 J. Wigmore, Wigmore on Evidence § 2113 (Chadbourn rev. 1978). When one party introduces a portion of a writing or a recorded statement, it is deemed only fair that the adverse party be allowed to have admitted any other part of the writing or recorded statement that in fairness ought to be considered. Rule 106 constitutes a rejection of that portion of the corresponding federal rule that expands the historic doctrine of completeness to include the admission of any additional writing or recorded statement that ought in fairness to be considered contemporaneously with an already admitted writing or recorded statement. See Fed.R.Evid. 106. The doctrine of completeness has traditionally been recognized in Alabama law. Coleman v. Sparkman, 370 So.2d 977 (Ala.1979); C. Gamble, McElroy’s Alabama Evidence § 316.01 (4th ed. 1991). With regard to completeness of depositions, Rule 106 is virtually a restatement of Ala.R.Civ.P. 32(a)(4), which provides that if only part of a deposition is offered in evidence by a party, then an adverse party may require the party introducing it to introduce all of it that ought in fairness to be considered with the part introduced. Both this Rule 106 and Ala.R.Civ.P. 32(a)(4) vest in the trial judge considerable discretion to determine what “in fairness” ought to be considered with the part introduced. See Hargress v. City of Montgomery, 479 So.2d 1137 (Ala.1985). Rule 106 applies only to writings and recorded statements or parts thereof. This rule is not intended to affect preexisting Alabama applications of the completeness doctrine that lie outside the confines of Rule 106. The rule, for example, has no impact upon instances when the completeness doctrine is applied to unrecorded conversations. A prominent example of such an application, having continuing existence after adoption of Rule 106, is the rule that if one party