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Federal Evidence • Hearsay Exceptions - Unavailability NOT Required
EVID#060
Legal Definition
These are statements from authoritative works if called to the attention of an expert witness and established by reliable authority. It can also be used to impeach the credibility of an expert.
It doesn't matter whether the witness is available or not.
It doesn't matter whether the witness is available or not.
Plain English Explanation
In court, sometimes a book or article that's considered an expert on a topic can be really useful. Imagine there's a trial about a complicated medical issue. The lawyers might use a medical textbook to help explain things or check if what an expert says is true. This is what the "learned treatises" rule is about. It lets lawyers use these expert books or articles to make their point stronger, or sometimes to show that an expert might be wrong about something. The best part? They can use this rule even if the person who wrote the book isn't there in court. It's like having a silent expert in the room, helping to make sure the facts are right.
Hypothetical
Hypo 1: Bob, a construction expert, testifies in court about building safety. Sam, a lawyer, presents a well-known construction safety manual to question Bob's statements. Result: The manual, a learned treatise, is used to check Bob's expertise, showing he might be wrong.
Hypo 2: In a medical malpractice case, Bob, a surgeon, testifies about a procedure. Sam introduces a medical journal article that contradicts Bob’s method. Result: The article, as a learned treatise, helps challenge Bob’s credibility.
Hypo 3: Bob, an environmental scientist, is in court discussing pollution effects. Sam uses a renowned environmental study to support Bob’s testimony. Result: The study, a learned treatise, strengthens Bob’s argument, adding expert-backed evidence.
Hypo 5: Bob claims Sam’s dog bit him. In court, Sam presents a dog behavior book written by a random YouTube influencer to prove his dog is friendly. Result: The book is not a learned treatise in this context, as it’s not relevant to an expert’s testimony about a specific incident.
Hypo 2: In a medical malpractice case, Bob, a surgeon, testifies about a procedure. Sam introduces a medical journal article that contradicts Bob’s method. Result: The article, as a learned treatise, helps challenge Bob’s credibility.
Hypo 3: Bob, an environmental scientist, is in court discussing pollution effects. Sam uses a renowned environmental study to support Bob’s testimony. Result: The study, a learned treatise, strengthens Bob’s argument, adding expert-backed evidence.
Hypo 5: Bob claims Sam’s dog bit him. In court, Sam presents a dog behavior book written by a random YouTube influencer to prove his dog is friendly. Result: The book is not a learned treatise in this context, as it’s not relevant to an expert’s testimony about a specific incident.
Visual Aids
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