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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 103

Rulings on Evidence

(a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and:

(1) if the ruling admits evidence, a party, on the record:

(A) timely objects or moves to strike; and

(B) states the specific ground, unless it was apparent from the context; or

(2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context.

(b) Not Needing to Renew an Objection. When the court hears a party’s objections outside the presence of the jury and rules that evidence is admissible, a party need not renew an objection to preserve a claim of error for appeal.

(c) Court’s Statement About the Ruling; Directing an Offer of Proof. The court may make any statement about the character or form of the evidence, the objection made, and the ruling. The court must allow a party to make an offer of proof as soon as practicable. In a jury trial, the court must allow a party to make the offer outside the jury’s presence and before the court reads its charge to the jury. At a party’s request, the court must direct that an offer of proof be made in question-and-answer form. Or the court may do so on its own.

(d) Preventing the Jury from Hearing Inadmissible Evidence. To the extent practicable, the court must conduct a jury trial so that inadmissible evidence is not suggested to the jury by any means.

(e) Taking Notice of Fundamental Error in Criminal Cases. In criminal cases, a court may take notice of a fundamental error affecting a substantial right, even if the claim of error was not properly preserved.

Notes and Comments

Comment to 1998 change: The exception to the requirement of an offer of proof for matters that were apparent from the context within which questions were asked, found in paragraph (a)(2), is now applicable to civil as well as criminal cases.