N.J. Model Civil Jury Charge 1.13D

1.13 EXPERT TESTIMONY 1 (Approved 4/95)

D. Optional Charge Concerning Statements from Publications

You will recall that statements were r ead in connection with the direct or

cross-examination of [insert name of expert witness] . These statements were contained in a (reference or professional publication, journal, pamphlet or periodical).2

However, merely because a publication has been read to you does not mean

that you must accept it as binding on any of your decisions. You may give the

statement(s) discussed in the publicatio n whatever weight you believe it (they)

deserve(s) using your reason, judgment and common sense.

1 In the following instances, the Committee has approved specific charges on expert

testimony and these charges should be given instead of the general charge on expert testimony:

5.50 Medical Negligence

5.51 Legal Malpractice

5.52 Professional Liability of an Architect/Engineer

9.10 Condemnation

2 Before any statements contained in a publica tion can be read into evidence or referred

to by an expert, there must be a determination by the judge that the publication is a reliable

authority. That foundation may be established in a variety of ways. For example, an expert may

establish that an article in a periodical is a reli able authority by testifying that it is one of the

sources the expert uses in keeping up to date in the expert's field of expertise. A publication also

can be admitted as a reliable authority because the expert or the court has recognized the

authoritative stature of the writer or the acceptance of the article it self by the profession. A text

may also qualify as reliable authority if it repres ents the type of material reasonably relied on by

experts in the field.

Sources: Federal Rules of Evidence 803 (18); N.J. Rules of Evidence 803(c)(18);

Jacober v. St. Peter's Medical Center, 128 N.J. 475 (1992); 11 Moore's Federal Practice, Art

VIII (2d ed. 1989); Schnieder v. Revici, 817 F.2d 987 (2d Cir. 1987); Allen v. Safeco Ins. Co. of

America, 782 F.2d. 1517, 1519 (11th Cir. 1986); Tart v. McGann, 697 F.2d 75 (2d Cir. 1982);

Meschino v. North American Drager, Inc., 841 F.2d 429, 434 (1st Cir. 1988).