MBE Rules · Evidence
Learned treatises exception
FRE 803(18)
The rule
Statements from a published treatise, periodical, or pamphlet on a subject of history, medicine, or other science or art are admissible as substantive evidence if (1) called to an expert's attention on cross or relied on by the expert on direct, and (2) established as a reliable authority. The statement is READ into evidence but the treatise itself is not received as an exhibit.
In plain English
Cross-examining counsel can confront an expert with an authoritative textbook and have its contradictory passage read to the jury as substantive proof, not just for impeachment. Reliability can be established by the expert, another expert, or judicial notice.
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