Supplements page 524 of the casebook
In 2021, the Federal Advisory Committee to the Rules of Evidence proposed a minor modification to Rule 106 that would track the suggestion in the casebook (p. 524) – permitting Rule 106 to override a hearsay objection and explicitly applying it to oral as well as written statements. As noted in the casebook, the amendment may not be necessary to achieve this purpose, but its passage resolves any confusion on the point.
The proposed rule amendment with a proposed advisory committee note explaining the motivations for the amendment can be found at this link. The rule’s reporter highlighted the proposed changes in red in the image below. Note the final rule that went into effect on December 1, 2023 also omits the “Written or Oral” phrase throughout the rule.
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