SC · rules
SCRE 106
Remainder of or Related Writings or Statements
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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