Learned-Treatise Rule Law and Legal Definition
Learned-treatise rule refers to a legal doctrine establishing a published text as authoritative, either by expert testimony or by judicial notice. It serves as an exception to the hearsay rule. The rule permits a statement in a published treatise, periodical or pamphlet to be admitted as evidence. Such statements are admitted in the evidence for the purpose of examining or cross-examining an expert witness. However, if the statement is admitted into evidence, it may be read into the trial record, but it may not be taken as an exhibit. Under the new learned-treatise rule, a text will qualify as a reliable authority only if it represents the type of material reasonably relied on by experts in the field. [Jacober v. St. Peter's Medical Ctr., 128 N.J. 475 (N.J. 1992)].
