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TRE 101: Title & Scope

TRE 102: Purpose and Construction

TRE 103: Rulings on Evidence

TRE 104: Preliminary Questions

TRE 105: Limited Admissibility

TRE 106: Remainder of Writings or Recorded Statements

TRE 107: Texas Rule of Evidence of Optional Completeness

TRE 201: Judicial Notice of Adjudicative Facts

TRE 202: Determination of Law of Other States

TRE 203: Determination of the Laws of Foreign Countries

TRE 204: Determination of Texas City and County Ordinances…

TRE 401: Definition of “Relevant Evidence”

TRE 402: Relevant Evidence Generally Admissible…

TRE 403: Exclusion of Relevant Evidence on Special Grounds

TRE 404: Character Evidence Not Admissible to Prove…

TRE 405: Methods of Proving Character

TRE 406: Habit; Routine Practice

TRE 407: Subsequent Remedial Measures; Notification of Defect

TRE 408: Compromise and Offers to Compromise

TRE 409: Payment of Medical and Similar Expenses

TRE 410: Inadmissibility of Pleas and Related Statements

TRE 411: Liability Insurance

TRE 412: Evidence of Previous Sexual Conduct in Criminal Cases

TRE 412: Privileges Recognized Only as Provided

TRE 412: Required Reports Privileged by Statute

TRE 412: Lawyer-Client Privileges

TRE 412: Spousal Privileges

TRE 412: Communications to Members of the Clergy

TRE 412: Political Vote

TRE 412: Trade Secrets

TRE 412: Identity of Informer

TRE 501: Physician-Patient Privilege

TRE 502: Confidentiality of Mental Health Information in Civil Cases

TRE 503: Waiver of Privilege by Voluntary Disclosure

TRE 504: Privileged Matter Disclosed Under Compulsion

TRE 505: Comment on or Inference From a Privilege Claim; Instruction

TRE 601: Competency and Incompetency of Witnesses

TRE 602: Lack of Personal Knowledge

TRE 603: Oath or Affirmation

TRE 604: Interpreters

TRE 605: Competency of Judge as a Witness

TRE 606: Competency of Juror as a Witness

TRE 607: Who May Impeach a Witness

TRE 608: Evidence of Character and Conduct of a Witness

TRE 609: Impeachment by Evidence of Conviction of Crime

TRE 610: Religious Beliefs or Opinions

TRE 611: Examining Witnesses and Presenting Evidence

TRE 612: Writing Used to Refresh Memory

TRE 613: Prior Statements of Witnesses: Impeachment and Support

TRE 614: Excluding Witnesses

TRE 615: Producing a Witness’s Statement in Criminal Cases

TRE 701: Opinion Testimony by Lay Witnesses

TRE 702: Testimony by Experts

TRE 703: Bases of Opinion Testimony by Experts

TRE 704: Opinion of Ultimate Issue

TRE 705: Disclosure of Facts or Data Underlying Expert Opinion

TRE 706: Audit in Civil Cases

TRE 801: Definitions; Exclusions from Hearsay

TRE 802: Hearsay Rule

TRE 803: Hearsay Exceptions; Availability of Declarant Immaterial

TRE 804: Hearsay Exceptions; Declarant Unavailable

TRE 805: Hearsay Within Hearsay

TRE 806: Attacking and Supporting Credibility of Declarant

TRE 901: Authenticating or Identifying Evidence

TRE 902: Evidence That Is Self-Authenticating

TRE 903:Subscribing Witness’s Testimony

TRE 1001: Definitions That Apply to This Article

TRE 1002: Requirement of the Original

TRE 1003: Admissibility of Duplicates

TRE 1004: Admissibility of Other Evidence of Content

TRE 1005: Copies of Public Records to Prove Content

TRE 1006: Summaries to Prove Content

TRE 1007: Testimony or Statement of a Party to Prove Content

TRE 1008: Functions of Court and Jury

TRE 1009: Translating a Foreign Language Document

 

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Texas Rules of Evidence Rule 101

Title, Scope, and Applicability of the Rules; Definitions

(a) Title. These rules may be cited as the Texas Rules of Evidence.

(b) Scope. These rules apply to proceedings in Texas courts except as otherwise provided in subdivisions (d)-(f).

(c) Rules on Privilege. The rules on privilege apply to all stages of a case or proceeding.

(d) Exception for Constitutional or Statutory Provisions or Other Rules. Despite these rules, a court must admit or exclude evidence if required to do so by the United States or Texas Constitution, a federal or Texas statute, or a rule prescribed by the United States or Texas Supreme Court or the Texas Court of Criminal Appeals. If possible, a court should resolve by reasonable construction any inconsistency between these rules and applicable constitutional or statutory provisions or other rules.

(e) Exceptions. These rules—except for those on privilege—do not apply to:

(1) the court’s determination, under Rule 104(a), on a preliminary question of fact governing admissibility;

(2) grand jury proceedings; and

(3) the following miscellaneous proceedings:

(A) an application for habeas corpus in extradition, rendition, or interstate detainer proceedings;

(B) an inquiry by the court under Code of Criminal Procedure article 46B.004 to determine whether evidence exists that would support a finding that the defendant may be incompetent to stand trial;

(C) bail proceedings other than hearings to deny, revoke, or increase bail;

(D) hearings on justification for pretrial detention not involving bail;

(E) proceedings to issue a search or arrest warrant; and

(F) direct contempt determination proceedings.

(f) Exception for Justice Court Cases. These rules do not apply to justice court cases except as authorized by Texas Rule of Civil Procedure 500.3.

(g) Exception for Military Justice Hearings. The Texas Code of Military Justice, Tex. Gov’t Code §§ 432.001-432.195, governs the admissibility of evidence in hearings held under that Code.

(h) Definitions.

In these rules:

(1) “civil case” means a civil action or proceeding;

(2) “criminal case” means a criminal action or proceeding, including an examining trial;

(3) “public office” includes a public agency;

(4) “record” includes a memorandum, report, or data compilation;

(5) a “rule prescribed by the United States or Texas Supreme Court or the Texas Court of Criminal Appeals” means a rule adopted by any of those courts under statutory authority;

(6) “unsworn declaration” means an unsworn declaration made in accordance with Tex. Civ. Prac. & Rem. Code § 132.001; and

(7) a reference to any kind of written material or any other medium includes electronically stored information.

Notes and Comments

Comment to 1998:  “Criminal proceedings” rather than “criminal cases” is used since that was the terminology used in the prior Rules of Criminal Evidence. In subpart (b), the reference to “trials before magistrates” comes from prior Criminal Rule 1101(a). In the prior Criminal Rules, both Rule 101 and Rule 1101 dealt with the same thing – the applicability of the rules. Thus, Rules 101(c) and (d) have been written to incorporate the provisions of former Criminal Rule 1101 and that rule is omitted.

Comment to 2015 Restyling: The reference to “hierarchical governance” in former Rule 101(c) has been deleted as unnecessary. The textual limitation of former Rule 101(c) to criminal cases has been eliminated. Courts in civil cases must also admit or exclude evidence when required to do so by constitutional or statutory provisions or other rules that take precedence over these rules. Likewise, the title to former Rule 101(d) has been changed to more accurately indicate the purpose and scope of the subdivision.

Relevant Cases 

Our goal is to add the most important cases involving these rules to this side bar. If you have a case that you think should be added, contact us using the form below.