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SC · rules

SCRE 106

Remainder of or Related Writings or Statements

activein force · 2026-10-02 – presentcompiled-edition

When a writing, or recorded statement, or part thereof is introduced by a party, an adverse party may

require the introduction at that time of any other part or any other writing or recorded statement

which ought in fairness to be considered contemporaneously with it.

Note:

The law in this State has been that, when a part of a document or writing is introduced

into evidence, the remainder may be introduced by the other party. Dukes v. Smoak,

181 S.C. 182, 186 S.E. 780 (1936). The same rule was applicable to conversations. State

v. Jackson, 265 S.C. 278, 217 S.E.2d 794 (1975). However, the party seeking to bring

out the remainder had to wait until cross-examination or the presentation of that

party's case to do so. This rule, which is identical to the federal rule, changes the prior

law as to written or recorded statements. The party seeking to introduce the

remainder of a written or recorded statement can now require the remainder to be

introduced at the same time the other part of the written or recorded statement is

introduced. This rule does not change the order of proof as to the remainder of an

unrecorded conversation; the party seeking to bring out the remainder must do so

during cross-examination or during that party's case.

Provenance

Source
www.sccourts.org
Retrieved
2026-10-02
Edition
supplied-sc-04-print-version-2026-10-02
Content hash
bcc588c32bda44433e72f84ff16f1fddb7c2a759ceb1fd16a8941ec135ce9ada
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