Do web-site postings qualify as learned treatises?
Am J Orthod Dentofacial Orthop 2017;151:821-3
Maybe yes and, then again, maybe no. That’s what Kace v Liang, 472 Mass. 630 (Sup. Ct.; 2015), was all about. The learned treatise exception to the hearsay rule was first articulated by Justice Hugo Black in 1949. The rule allows for authoritative texts and journal articles on scientific, medical, and other scholarly subjects to be used at trial during the examination of expert witnesses for impeachment or establishing bias. Justice Black stated that “it is certainly illogical, if not actually unfair, to permit witnesses to give expert opinions based on book knowledge, and then deprive the party challenging such evidence of all opportunity to interrogate them about divergent opinions expressed in other reputable books.” (Cit. Omit.)