1 Ohlbaum on the Pennsylvania Rules of Evidence § 803.18

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Summary

  • [1]
     Lack of Rule 803(18)

    Pennsylvania has not adopted Federal Rule of Evidence 803(18), nor do the Pennsylvania Rules of Evidence contain a specific hearsay exception for learned treatises.

  • [2]
     Commentary

    Pennsylvania has not adopted F.R.E. 803(18). Pennsylvania does not recognize an exception to the hearsay rule for learned treatises. See Majdic v. Cincinnati Machine Co., 537 A.2d 334 (Pa. Super. Ct. 1988); Crespo v. Hughes, 167 A.3d 168 (Pa. Super. 2017).

    Regarding the permissible uses of learned treatises under Pennsylvania law, see Aldridge v. Edmunds, 561 Pa. 323, 750 A.2d 292 (Pa. 2000); Charlton v. Troy, 236 A.3d 22 (Pa.Super. 2020)

    • Reiterating that Pennsylvania does not recognize an exception to the hearsay rule for learned treatises, reaffirming the continued validity of [Aldridge v. Edmunds, 750 A.2d 292 (Pa. 2000)], Plaintiff’s counsel ran afoul of this rule by—instead of simply identifying the learned treatises as textual materials that formed the basis of the expert’s ...