Michael J. Hutter New York's Outlier Position Regarding the Evidentiary Uses of Learned Treatises: Time To Change?
Reform of New York's learned treatise rules, unchanged since 1896 despite the advances in science and medicine since then, is in order.
June 28, 2021 at 12:00 PM
13 minute read
Physicians, scientists, engineers and other professionals engaged in a trade or profession regularly use, consult or rely to some degree upon published materials, such as treatises, books, reference materials, and articles, regarding specialized areas of knowledge in the course of practicing their profession. Critical decisions will be made in reliance upon these so-called "learned treatises." Does reliance validate the reliability of these learned treatises such that their admissibility and use in litigation should be freely permitted?
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