How does Rule 803(18) apply to learned treatises used by experts?

• A. Learned treatises may be read into evidence or used to cross-examine experts, though not as independent proof of truth unless permitted; allowed as basis for expert opinion under Rule 703.
• B. Treatises can only be used if the author testifies.
• C. Learned treatises may be admitted as independent proof of truth.
• D. Treatises must be excluded in all circumstances.

Answer: (A)

Rule 803(18) treats learned treatises as a special way to use authorities in testimony. A learned treatise may be read into evidence or used during cross-examination of an expert, but it isn’t allowed to stand as independent proof of the truth of its contents on its own. Its value comes from the expert’s use of the treatise to support or challenge the expert’s own opinion. An expert may rely on a treatise as a basis for forming or presenting opinions under Rule 703, provided the treatise is established as a reliable authority. This is why the chosen option captures the correct idea: treatises can be read or used in cross-examination and may underpin an expert’s opinion, rather than serving as standalone proof of truth. The other statements don’t fit because they either require author testimony as a condition for use, treat treatises as independent proof of truth, or claim exclusion in all circumstances, which conflicts with Rule 803(18).