Learned Treatise

A learned treatise is a published text, journal article or similar work recognized as a reliable authority in its field. Under the learned treatise rule, statements from such works can be read to the jury during expert testimony, even though they are out-of-court statements that would otherwise be hearsay.

Origin

Common-law courts were traditionally cautious about admitting books as evidence. Federal Rule of Evidence 803(18), adopted in 1975, created a hearsay exception: a statement in a treatise, periodical or pamphlet may be read into evidence if it is established as reliable authority by expert testimony, admission or judicial notice, but the work itself is not received as an exhibit. Some states follow this rule; others allow such works only to cross-examine experts.

Significance in Asbestos Context

Asbestos trials draw heavily on decades of medical and industrial literature, from early reports of asbestosis to studies linking asbestos with mesothelioma. The learned treatise rule lets lawyers put the actual words of those studies before the jury, through or against an expert. Plaintiffs often use it to show what was published, and therefore knowable, at a given time, which bears on what companies should have known. Defendants use it to challenge an expert's opinion with contrary studies. A treatise is relevant only if a qualified witness or the court accepts it as reliable, and how it may be used depends on the jurisdiction's rules.

Example Sentence

Under the learned treatise rule, the plaintiff's lawyer read to the jury a passage from a 1930s medical journal article describing asbestosis among textile workers.

Related Terms

Hearsay Exception, Expert Witness, State of the Art Evidence, Corporate Knowledge, Reliance Materials, Admissibility

Notes

• Published research about asbestos goes back many decades; your lawyer's experts will know the key studies.
• If you have old safety pamphlets or trade publications from your workplace, keep them.