What is required for a learned treatise to be admitted as substantive evidence?

For a learned treatise to be admitted as substantive evidence, it is essential that the expert witness references it during their testimony. This practice is grounded in the principle that expert testimony should be supported by established literature in the field, enhancing the credibility and reliability of the expert's opinions. When an expert references a learned treatise while testifying, it lends authority to their assertions and helps the court understand the basis for the expert's conclusions.

In this context, while the relevance of the treatise to the case is critical, simply being relevant is not sufficient for admission. It must also be appropriately cited or referenced within the testimony itself. By doing so, the expert integrates the treatise into their testimony, allowing the jury or judge to understand and evaluate the expert's reliance on it as part of their expertise.

Other potential requirements, such as the detailed testimony about the treatise or its public accessibility, do not play a direct role in the criteria for admission as evidence. The focus remains primarily on the manner in which the treatise is introduced in conjunction with the expert's testimony.