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Federal Rules of Evidence (US) QUESTION #3789
Question 1
In a trial for bank fraud, the prosecution offers a summary chart of 5,000 separate wire transfers. The defense objects that the actual wire transfer records were not introduced. How should the court rule?
  • Sustain, because the actual records are the 'Best Evidence' under Rule 1002.
  • Overrule, under Rule 1006 (Summaries to Prove Content), provided the underlying records are voluminous and were made available to the defense for inspection.✔️
  • Sustain, unless the chart was prepared by a certified public accountant.
  • Overrule, because charts are always admissible as 'demonstrative evidence.'
Correct Answer Explanation
Rule 1006 allows a party to use a summary, chart, or calculation to prove the content of voluminous writings that cannot be conveniently examined in court, provided the originals are available for inspection.