Short answer. A published treatise can be used, but not on its own. Rule 130, Section 48 makes a treatise, periodical, or pamphlet admissible to prove a stated fact once the court takes judicial notice, or a testifying expert confirms, that its author is recognized in his profession as an expert on the subject.
What the law says
A published treatise, periodical or pamphlet on a subject of history, law, science, or art is admissible as tending to prove the truth of a matter stated therein if the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement in the treatise, periodical or pamphlet is recognized in his or her profession or calling as expert in the subject.
Rule 130, Section 48 — Learned treatises. Read the full provision →
What counts as a learned treatise
The rule covers a published treatise, periodical or pamphlet on a subject of history, law, science, or art. That is a fairly broad category — it is not limited to formal textbooks, and a recognized journal article or professional publication can qualify just as much as a bound treatise, so long as it addresses one of those subject areas and was actually published rather than circulated informally.
The two ways to establish the author's standing
The publication is not admissible for its truth simply because it exists. Section 48 requires that the court takes judicial notice, or a witness expert in the subject testifies, that the writer of the statement... is recognized in his or her profession or calling as expert in the subject. Either the judge formally recognizes the author's standing without needing separate proof, or an expert witness on the stand vouches for the author's recognized expertise — one of those two things has to happen before the treatise's content can be treated as evidence.
Why the book cannot simply speak for itself
This structure exists because a published statement, however authoritative it looks, is still an out-of-court assertion by someone who is not present to be cross-examined about it. Requiring either judicial notice or a live expert's confirmation of the author's recognized standing is what substitutes for that missing cross-examination — it lets the court weigh whether the book's author is actually the kind of authority whose written statements deserve to be treated as reliable evidence in this case.
A practical note for relying on published literature
If you plan to rely on a medical textbook, a technical manual, or a similar publication, line up either an expert witness who can testify to the author's recognized standing in that field, or be ready to show the court grounds for taking judicial notice of it directly. Without one of those two things established first, the treatise's statements risk being excluded no matter how respected the publication actually is within its field.
Related provisions
- Rule 130, Section 47 — Commercial lists and the like
- Rule 130, Section 49 — Testimony or deposition at a former proceeding