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2.15 Charts and Summaries Received in Evidence

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2.15 CHARTS AND SUMMARIES RECEIVED IN EVIDENCE

 

Certain charts and summaries [may be] [have been] admitted into evidence to illustrate information brought out in the trial. Charts and summaries are only as good as the testimony or other admitted evidence that supports them. You should, therefore, give them only such weight as you think the underlying evidence deserves.

 

 

Comment

This instruction applies when the charts and summaries are received into evidence. See United States v. Anekwu, 695 F.3d 967, 981 (9th Cir.2012)("[T]he proponent of a summary must demonstrate the admissibility of the underlying writings or records summarized, as a condition precedent to introduction of the summary into evidence under [Fed. R. Evid. Evid.] 1006.") (quoting United States v. Johnson, 594 F.2d 1253, 1257 (9th Cir.1979)); United States v. Rizk, 660 F.3d 1125, 1130-31 (9th Cir.2011); see also Fed. R. Evid. 1006; Jury Instructions Committee of the Ninth Circuit, A Manual on Jury Trial Procedures § 3.10.A (2013). This instruction may be unnecessary if there is no dispute as to the accuracy of the chart or summary.