SEC. 46. Learned
treatises.—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 profession or calling as expert in
the subject.
When learned treatises
are admissible
Learned treatises are
admissible in evidence if:
1. the court takes
judicial notice thereof, or
2. the same are
testified to by a witness expert in the subject
Requisites for
admissibility
(a) The court takes
judicial notice that the writer of the statement in the treatise, periodical or
pamphlet, is recognized in his profession or calling as expert in the subject;
or
(b) A witness, expert in
the subject testifies that the writer of the statement in the treatise,
periodical or pamphlet is recognized in his profession or calling as expert in
the subject (Wigmore on Evidence).
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