MBE Evidence Practice Exam

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May a court admit a summary of a voluminous statistical dataset under FRE 1006?
Correct Answer:
Yes; a summary may be admitted with appropriate foundation.
Explanation:
Under FRE 1006, you can present a summary of voluminous writings or data when the materials are too bulky to examine conveniently in court, as long as the originals or duplicates are available for inspection or copying. The key is providing appropriate foundation that the underlying materials exist and can be reviewed by the opposing party. That’s why the best answer is that a summary may be admitted with appropriate foundation. The admissibility of the summary does not require admitting the entire dataset; it just requires that the underlying materials be available for inspection, ensuring transparency and the right to examine the originals if needed. The other options aren’t correct because they either demand admission of the entire dataset or say no foundation is needed, which misstates the rule.

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