An attorney seeks to present a summary of numerous financial records in a fraud case. What must the attorney do to increase the likelihood of the summary being admitted as evidence under the rules of evidence?
Rely on the opposing party to address any inaccuracies in the summary during cross-examination.
Provide a statement affirming that the summary correctly represents the original documents.
Ensure the original records or duplicates can be reviewed as needed by the opposing party.
Ensure the summary reflects the records, without discussing access to the originals.
Summaries of evidence can be admitted if the original documents are too voluminous to be conveniently examined in court. To meet this requirement, the original or duplicate documents that the summary is based on must be accessible to the other party for review or copying, ensuring transparency and verification. While an accurate summary is necessary, it cannot substitute for providing access to the underlying records. Similarly, relying solely on cross-examination or a sworn statement does not fulfill the foundational requirements for admissibility.
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