Nebraska Revised Statute 27-1006

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Chapter 27

27-1006.

Rule 1006. Voluminous writings, recordings, or photographs; summaries; availability; orders.

The contents of voluminous writings, recordings, or photographs which cannot conveniently be examined in court may be presented in the form of a chart, summary, or calculation. The originals, or duplicates, shall be made available for examination or copying, or both, by other parties at a reasonable time and place. The judge may order that they be produced in court.

Annotations

  • If produced reasonably contemporaneously with the transaction and in the normal course of business, records derived from more numerous detailed documents memorializing individual transactions are business records and not this section's summaries thereof. 132 Ventures v. Active Spine Physical Therapy, 318 Neb. 64, 13 N.W.3d 441 (2024).

  • This section gives the proponent an avenue to admit evidence over an objection under section 27-1002, which provides that the original is required to prove the content of a writing, recording, or photograph "except as otherwise provided in these rules or by Act of Congress or of the Legislature of the State of Nebraska or by other rules adopted by the Supreme Court of Nebraska." The exception to the requirement of providing the original is not limited to the exception set forth in this section. 132 Ventures v. Active Spine Physical Therapy, 318 Neb. 64, 13 N.W.3d 441 (2024).

  • This section is an exception to the requirement of section 27-1002 that the originals must be presented to prove the contents of writings, recordings, and photographs. 132 Ventures v. Active Spine Physical Therapy, 318 Neb. 64, 13 N.W.3d 441 (2024).

  • Requirements for admission of an exhibit into evidence pursuant to Neb. Evid. R. 1006 set out this case. Crowder v. Aurora Co-op Elev. Co., 223 Neb. 704, 393 N.W.2d 250 (1986).

  • This section had no application to an exhibit listing persons for whom building moving services had been performed with enumeration of dates and charges, but oral testimony by one who had personal knowledge of the facts laid appropriate foundation for its admission. Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).