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Unformatted text preview: that it can be avoided! 803(16) statements in ancient documents. Two documents that go together with respect to ancient documents: hearsay exception 803(16) and authentication rule 906(7) o These two rules are identical o Elements: More than 20 years old Fair on it's face In a proper place (located where you would expect such a document to be located if it's genuine). o Seems to apply to pretty much any writing. o It's a hearsay exception of great potential that a lot of practitioners are unaware of. Hearsay Exceptions; Availability of Declarant Immaterial - Learned Treatises [FRE 803(18)]
FRE 803(18): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: 18. Learned Treatises. To the extent called to the attention of an expert witness upon cross examination or relied upon the expert witness in direct examination, statements contained in published treatises, periodicals, or pamphlets on a subject of history, medicine, or other science or art, established as a reliable authority by the testimony or admission of the witness or by other expert testimony or by judicial notice. If admitted, the statements may be read into evidence but not received as exhibits.
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