Hi Haytham,I did some research on the rule of completeness and did not find any case law in the 6th cir or the supreme court excluding any evidence based on this rule. My searches for exclusion of evidence based on the rule of completeness in the federal court cases in general only seems to pull up cases where the judge decide that the rule of completeness allowed for some admission of documents that would otherwise be excluded on the basis of other evidence rules. Do you have any specific cases in mind? I still argue in the motion for exclusion of the documents IF the government can't complete the record, but wanted to know if there's caselaw you had in mind for supporting that position, or if we will just make the argument and hope the judge agrees with us. I think we need to add a bit to my argument to make it stronger but I wanted to send it to you as it is for now since I'm not finding any law to support a stronger argument. Do I take out the part asking the court to require the Government to complete its file, and just put in the section asking the court to exclude the evidence on the basis of unfair prejudice? Also, should I take up more time elaborating on the rule of completeness, it's origin, and the reason it is important, or do you think that citation I use from the caselaw is sufficient?
Thanks, Carolynn
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