Admitting videotapes into evidence under the “learned treatise” exception to the hearsay rule is acceptable under the Federal Rules of Evidence, the 2nd U.S. Circuit Court of Appeals has ruled in a case of first impression.

The 2nd Circuit said in Costantino v. Herzog, 99-7476, that the statute compelled them to “make law” and find that videotapes can be used just as printed material is allowed under the exception outlined by the federal rules.

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