As amended through September 26, 2024
Rule 2:706 - Use of Learned Treatises with Experts (Rule 2:706(a) derived from Code Section 8.01-401.1)(a)Civil cases. To the extent called to the attention of an expert witness upon crossexamination or relied upon by the expert witness in direct examination, statements contained in published treatises, periodicals or pamphlets on a subject of history, medicine or other science or art, established as a reliable authority by testimony or by stipulation may not be excluded as hearsay. If admitted, the statements may be read into evidence but may not be received as exhibits. If the statements are to be introduced through an expert witness upon direct examination, copies of the specific statements must be designated as literature to be introduced during direct examination and provided to opposing parties 30 days prior to trial unless otherwise ordered by the court. If a statement has been designated by a party in accordance with and satisfies the requirements of this rule, the expert witness called by that party need not have relied on the statement at the time of forming his opinion in order to read the statement into evidence during direct examination at trial.(b)Criminal cases. Where an expert witness acknowledges on cross-examination that a published work is a standard authority in the field, an opposing party may ask whether the witness agrees or disagrees with statements in the work acknowledged. Such proof will be received solely for impeachment purposes with respect to the expert's credibility.Adopted and promulgated by Order dated June 1, 2012; effective 7/1/2012; adopted and promulgated by order dated June 1, 2012; effective 7/1/2012; amended by Order dated June 21, 2013; effective 7/1/2013; amended by order dated June 21, 2013, effective 7/1/2013; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 13, 2020, effective 7/1/2021.