This issue arose after the National Academy of Sciences in 1992 issued a report critical of the methods used by DNA laboratories to compute the probability of a random match in DNA markers. Citing this report, some courts have excluded or criticized computations by DNA experts. Because a technical article or text is an assertive, out-of-court statement, it arguably constitutes hearsay evidence. Thus, an opposing attorney might object on the grounds that the judge's consideration of the document would void the hearsay rule. However, to some extent, the hearsay rule must give way at a Frye hearing, because each generation of experts builds on prior research by other experts. Given the nature of the Frye test, attorneys litigating a Frye hearing must be able to introduce texts and articles addressing the questions of the validity and acceptance of the scientific theory or technique. Footnotes