Flashcards Studio

Distributor sues Retailer for failing to pay for thousands of small shipments over three years. Distributor offers a one-page spreadsheet summary showing invoice dates, shipment numbers, payments, credits, and a claimed unpaid balance of $418,000. Distributor's controller testifies that the summary was prepared from 9,400 invoices, delivery confirmations, and payment records kept in Distributor's ordinary business records system.
Retailer objects that the best evidence rule requires Distributor to introduce each invoice and delivery confirmation. Distributor says the underlying electronic records were made available in a searchable data room for two months before trial. Retailer responds that the summary excludes several disputed credit memos and that the court should not allow the jury to see the summary unless all underlying records are admitted first.
How should the court analyze the proposed summary? Discuss Rule 1006, access to underlying records, whether the underlying records must be produced in court, and the difference between an evidentiary summary and a demonstrative chart.