The learned-treatise rule allows for the use of a published text as evidence in court. This means that a book or article on a particular subject, such as medicine or history, can be deemed reliable and utilised to challenge an expert witness. The text can be admitted as evidence if an expert attests to its credibility or if the court deems it authoritative. While the text can be read aloud in court, it cannot be presented as an exhibit. This rule is included in the Federal Rules of Evidence.
The learned-treatise rule is an exception to the hearsay rule in evidence. It allows a published text to be considered authoritative and admitted into evidence for the purpose of examining or cross-examining an expert witness. This can be established through expert testimony or judicial notice. For instance, in a medical malpractice case where a doctor is testifying as an expert witness, a medical journal article may be admitted into evidence to support their testimony. The article is deemed authoritative and reliable because it was published in a reputable medical journal. According to the Federal Rules of Evidence, a statement from a published treatise, periodical, or pamphlet on sciences or arts (such as history and medicine) can be admitted into evidence if it is established as authoritative. However, it cannot be received as an exhibit.
The Learned-Treatise Rule is a legal principle that allows expert testimony to be admitted in court based on authoritative texts or treatises in a particular field.
The purpose of the Learned-Treatise Rule is to allow courts to consider expert opinions that are based on reliable and authoritative sources.
Any authoritative text or treatise in a particular field can be used under the Learned-Treatise Rule, including books, articles, and other scholarly works.
The reliability of a text or treatise is determined by the court based on factors such as the author’s expertise, the publication’s reputation, and the level of peer review.
Yes, the Learned-Treatise Rule can be used in both civil and criminal cases.
No, the Learned-Treatise Rule cannot be used to prove a fact in a case, but it can be used to support an expert’s opinion.
Yes, a party can object to the use of a particular text or treatise under the Learned-Treatise Rule if they can show that it is unreliable or not authoritative.
No, a party cannot use a text or treatise that is not widely accepted in the field under the Learned-Treatise Rule.
Yes, a party can use a text or treatise that is outdated under the Learned-Treatise Rule if it is still considered authoritative in the field.
No, a party cannot use a text or treatise that is not written by an expert in the field under the Learned-Treatise Rule.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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