Friday, October 18, 2013

Rule 1006 and Learned Treatise

I previously discussed Rule 1006 of the Mississippi Rules of Evidence here.  The rules of evidence also allow for a learned treatise to be an exception to the hearsay rule pursuant to Mississippi Rules of Evidence 803(18).  I am toying with the idea of making a merger of these two rules of a trial exhibit which can be helpful in saving clients some money.  For example, do a Rule 1006 summary of the treatment of alimony as contained in Bell on Family Law which is considered the standard in family law in Mississippi or alternatively a summary of the tax code dealing with alimony treatment.  Based on the rules, the two should be admissible and can save the trouble of calling an accountant to trial.   

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