Evidence-Wellborn SU2006 Outline

Hearsay exceptions declarant unavailabe unavailability

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: foundation for a learned treatise normally consists of testimony by a qualified expert that the item is recognized in the relevant discipline as a reliable authority. May only be presented while expert witness is on the stand: Not proper for an attorney to introduce or read into evidence from a publication, however fully authenticated and established as authoritative, except while examining an expert witness! (Have to read it DURING the examination of the expert witness!) Can't read it later on, even if it has been authenticated by an earlier expert witness!) ZWACK v. STATE Not limited to "treatises, periodicals, or pamphlets." Courts have extended rule 803(18) to other media, such as videotapes. Now we have, FRE 803(18) so all you have to do is bring it to the attention of an expert witness upon cross examination. What? The expert witness being cross-examined doesn't have to admit the article was authoritative so long as another expert witness has testified to the authority of the document? Texas says you can use a medical journal article in cross-examining an opposing expert for impeachment only, and you could only do that, if the witness being cross-examined admi...
View Full Document

Ask a homework question - tutors are online