Treatises Which an Expert Witness Has Used in His Studies Are Acceptable for the Sole Purpose of Impeaching His Testimony

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Texas Tech Law Review

Criticizes the Texas courts’ restrictions on using learned treatises for both direct examination and cross examination. The proper rule in Texas should be one that would allow a witness to be cross examined for the purpose of impeachment by reading excerpts from any treatise that is considered authoritative. The author hopes Texas will abandon its present rule on learned treatises and adopt a rule that will more accurately reflect the realities of the practice of medicine and the needs of an adversary system of litigation.

Evidence, Cross examination, Witness, Seeley v. Eaton, Case note, Treatises, Medical expert, Expert witness
6 Tex. Tech L. Rev. 237