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The Title 28 of the United States Code QUESTION #3738
Question 1
In a medical malpractice case, the plaintiff's lawyer wants to introduce a page from a standard medical textbook to prove the 'standard of care.' Is this allowed?
  • No, textbooks are hearsay.
  • Yes, under the 'Learned Treatises' exception, but only if an expert witness relies on it or it is called to the expert's attention.✔️
  • Yes, but only if the author of the textbook is present in court.
  • No, unless the defendant agrees.
Correct Answer Explanation
Rule 803(18) allows statements from learned treatises to be read into evidence if the treatise is established as a reliable authority and an expert witness is on the stand.