![]() | The examples and perspective in this article may not represent a
worldwide view of the subject. (May 2018) |
Evidence |
---|
Part of the law series |
Types of evidence |
Relevance |
Authentication |
Witnesses |
Hearsay and exceptions |
Other common law areas |
A learned treatise, in the law of evidence, is a text that is sufficiently authoritative in its field to be admissible as evidence in a court in support of the contentions made therein.
Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible except to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence:[ citation needed]
Under the Federal Rules of Evidence 803 (18), either party can introduce a learned treatise as evidence, irrespective of whether it is being used to rebut the opposing party. Such texts are now considered an exception to hearsay, with two limitations: [3]
For example, courts throughout the country have universally recognized Gray's Anatomy textbook as a learned treatise
![]() | The examples and perspective in this article may not represent a
worldwide view of the subject. (May 2018) |
Evidence |
---|
Part of the law series |
Types of evidence |
Relevance |
Authentication |
Witnesses |
Hearsay and exceptions |
Other common law areas |
A learned treatise, in the law of evidence, is a text that is sufficiently authoritative in its field to be admissible as evidence in a court in support of the contentions made therein.
Under the common law, such evidence was at one time considered hearsay - a statement made out of court being introduced to prove the truth of the statement - and was not admissible except to rebut the testimony of an opposing expert witness. There were four ways to introduce such evidence:[ citation needed]
Under the Federal Rules of Evidence 803 (18), either party can introduce a learned treatise as evidence, irrespective of whether it is being used to rebut the opposing party. Such texts are now considered an exception to hearsay, with two limitations: [3]
For example, courts throughout the country have universally recognized Gray's Anatomy textbook as a learned treatise