Evidence and Admissibility
Hearsay
Rule 803(18) admits statements from treatises, periodicals, and pamphlets relied upon by an expert or established as reliable authority. The statement is read into evidence and the publication is not received as an exhibit.
The expert need not have relied on the work.
Alternative Names:
Learned Treatise|Rule 803(18)
Why it Matters?
Establishing the publication as reliable authority through the opposing expert's own acknowledgment is the standard approach, since an expert who conceded a text's authority cannot then dismiss a contrary passage. Experts frequently anticipate this and decline to endorse any publication as authoritative, which requires establishing reliability through another witness or judicial notice. The passage is read rather than admitted, limiting the jury's later access.
Frequently Confused with
Related terms
Frequently asked questions
How is a publication established as authoritative?
What if the expert refuses to endorse any text?
