In Texas, the rules of evidence govern civil and criminal proceedings in all courts of Texas, including examining trials before magistrates, except small claims courts. These rules, except with respect to privileges, do not apply in situations such as:
- the determination of questions of fact preliminary to admissibility of evidence;
- proceedings before grand juries;
- proceedings in an application for habeas corpus in extradition, rendition, or interstate detainer;
- a hearing under Code of Criminal Procedure article 46.02, by the court out of the presence of a jury, to determine whether there is sufficient evidence of incompetency;
- proceedings regarding bail except hearings to deny, revoke or increase bail;
- a hearing on justification for pretrial detention not involving bail;
- proceedings for the issuance of a search or arrest warrant; or
- proceedings in a direct contempt determination.
The Texas rules of evidence with respect to privileges apply at all stages of all actions, cases, and proceedings.
Table of Contents of Texas Rules of Evidence
ARTICLE I. GENERAL PROVISIONS
Rule 101 Title and Scope
Rule 102 Purpose and Construction
Rule 103 Rulings on Evidence
Rule 104 Preliminary Questions
Rule 105 Limited Admissibility
Rule 106 Remainder of or Related Writings or Recorded Statements
Rule 107 Rule of Optional Completeness
ARTICLE II. JUDICIAL NOTICE
Rule 201 Judicial Notice of Adjudicative Facts
Rule 202 Determination of Law of Other States
Rule 203 Determination of the Laws of Foreign Countries
Rule 204 Determination of Texas City and County Ordinances, the Contents of the Texas Register, and the Rules of …
ARTICLE III. PRESUMPTIONS
ARTICLE III. PRESUMPTIONS
ARTICLE IV. RELEVANCY AND ITS LIMITS
Rule 401 Definition of “Relevant Evidence”
Rule 402 Relevant Evidence Generally Admissible; Irrelevant Evidence Inadmissible
Rule 403 Exclusion of Relevant Evidence on Special Grounds
Rule 404 Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
Rule 405 Methods of Proving Character
Rule 406 Habit; Routine Practice
Rule 407 Subsequent Remedial Measures; Notification of Defect
Rule 408 Compromise and Offers to Compromise
Rule 409 Payment of Medical and Similar Expenses
Rule 410 Inadmissibility of Pleas, Plea Discussions and Related Statements
Rule 411 Liability Insurance
Rule 412 Evidence of Previous Sexual Conduct in Criminal Cases
ARTICLE V. PRIVILEGES
Rule 501 Privileges Recognized Only As Provided
Rule 502 Required Reports Privileged by Statute
Rule 503 Lawyer-Client Privilege
Rule 504 Husband-Wife Privileges
Rule 505 Communication to Members of the Clergy
Rule 506 Political Vote
Rule 507 Trade Secrets
Rule 508 Identity of Informer
Rule 509 Physician-Patient Privilege
Rule 510 Confidentiality of Mental Health Information in Civil Cases
Rule 511 Waiver of Privilege by Voluntary Disclosure
Rule 512 Privileged Matter Disclosed Under Compulsion or Without Opportunity to Claim Privilege
Rule 513 Comment upon or Inference from Claim of Privilege; Instruction
ARTICLE VI. WITNESSES
Rule 601 Competency and Incompetency of Witnesses
Rule 602 Lack of Personal Knowledge
Rule 603 Oath or Affirmation
Rule 604 Interpreters
Rule 605 Competency of Judge As a Witness
Rule 606 Competency of Juror As a Witness
Rule 607 Who May Impeach
Rule 608 Evidence of Character and Conduct of a Witness
Rule 609 Impeachment by Evidence of Conviction of Crime
Rule 610 Religious Beliefs or Opinions
Rule 611 Mode and Order of Interrogation and Presentation
Rule 612 Writing Used to Refresh Memory
Rule 613 Prior Statements of Witnesses: Impeachment and Support
Rule 614 Exclusion of Witnesses
Rule 615 Production of Statements of Witnesses in Criminal Cases
ARTICLE VII. OPINIONS AND EXPERT TESTIMONY
Rule 701 Opinion Testimony by Lay Witnesses
Rule 702 Testimony by Experts
Rule 703 Bases of Opinion Testimony by Experts
Rule 704 Opinion on Ultimate Issue
Rule 705 Disclosure of Facts or Data Underlying Expert Opinion
Rule 706 Audit in Civil Cases
ARTICLE VIII. HEARSAY
Rule 801 Definitions
Rule 802 Hearsay Rule
Rule 803 Hearsay Exceptions; Availability of Declarant Immaterial
Rule 804 Hearsay Exceptions; Declarant Unavailable
Rule 805 Hearsay Within Hearsay
Rule 806 Attacking and Supporting Credibility of Declarant
ARTICLE IX. AUTHENTICATION AND IDENTIFICATION
Rule 901 Requirement of Authentication or Identification
Rule 902 Self-Authentication
Rule 903 Subscribing Witness’ Testimony Unnecessary
ARTICLE X. CONTENTS OF WRITINGS, RECORDINGS, AND PHOTOGRAPHS
Rule 1001 Definitions
Rule 1002 Requirement of Originals
Rule 1003 Admissibility of Duplicates
Rule 1004 Admissibility of Other Evidence of Contents
Rule 1005 Public Records
Rule 1006 Summaries
Rule 1007 Testimony or Written Admission of Party
Rule 1008 Functions of Court and Jury
Rule 1009 Translation of Foreign Language Documents
