The Rule of Completeness: Why the Whole Text Thread Matters
Reviewed by Jacob Reed, founder of Verity ·
Short answer
When one side shows the court part of a conversation, the rule of completeness lets the other side ask for the rest that, in fairness, should be read with it, so a message isn’t judged out of context. In federal court it is Rule 106 of the Federal Rules of Evidence; most states have their own version. It only helps if you have the whole conversation, in order, so you can point to the messages around the one they chose.
A single text pulled from a long argument can read very differently from the same text in place. This rule exists for exactly that problem.
What the rule says
Since December 1, 2023, Federal Rule of Evidence 106 reads: “If a party introduces all or part of a statement, an adverse party may require the introduction, at that time, of any other part — or any other statement — that in fairness ought to be considered at the same time. The adverse party may do so over a hearsay objection.” The 2023 change extended it to statements that aren’t written and made clear a hearsay objection doesn’t block the rest.
Family court is usually state court
Custody and protective-order cases are heard in state courts, which follow their own evidence rules. Many states have a completeness rule much like Rule 106, and the details differ (California’s is Evidence Code § 356, for example). Your lawyer, or the court’s self-help center, can tell you how yours works.
How it applies to text messages
- If they show your angry reply, you can ask for the messages that led up to it.
- If they show half a thread, you can ask for the rest of that exchange.
- It works both ways: if you show one of their texts, they can ask for what surrounds it. Choose with that in mind.
- The judge decides what “in fairness” must be read together; the rule doesn’t open the whole conversation automatically.
Why a numbered, complete record helps
You can only ask for the rest if you can find it quickly. A copy of the whole conversation, with every message numbered in date order, lets you say “messages #1,480 to #1,486” on the spot. Verity numbers every message, free to read on screen and $19 as a printable list, and its reports print each flagged message with the ones just before and after it.
Related rules
Getting a text admitted at all is a separate question: see authenticating texts under FRE 901 and 902. For what not to do, see deleting texts during a custody case.
Where does Verity fit?
Verity doesn’t decide what a court admits. It keeps the record complete and easy to point into. Everything is read in your browser; your messages are not uploaded.
This is general information, not legal advice. Rules differ by state and by court; your lawyer or the court’s self-help center can tell you what applies to you. If you or your children are in danger, call 911; the National Domestic Violence Hotline is 1-800-799-7233.
Keep the whole thread, numbered
Try the sample first, or use your own messages. They are read in your browser and are not uploaded.