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Simple English definitions for legal terms
learned-treatise rule
Read a random definition: pedis positio
A quick definition of learned-treatise rule:
The learned-treatise rule is a way to use a published text as evidence in court. This means that a book or article on a specific topic, like medicine or history, can be considered trustworthy and used to question an expert witness. The text can be accepted as evidence if an expert testifies that it is reliable or if the court decides it is authoritative. The text can be read aloud in court, but it cannot be shown as an exhibit. This rule is part of the Federal Rules of Evidence.
A more thorough explanation:
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 either by expert testimony or by judicial notice.
For example, if a doctor is testifying as an expert witness in a medical malpractice case, a medical journal article may be admitted into evidence to support their testimony. The article would be considered authoritative and reliable because it was published in a reputable medical journal.
Under the Federal Rules of Evidence, a statement contained in 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.