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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 501: Privileges Recognized Only as Provided

TRE 502: Required Reports Privileged by Statute

TRE 503: Lawyer-Client Privileges

TRE 504: Spousal Privileges

TRE 505: Communications to Members of the Clergy

TRE 506: Political Vote

TRE 507: Trade Secrets

TRE 508: Identity of Informer

TRE 509: Physician-Patient Privilege

TRE 510: Confidentiality of Mental Health Information in Civil Cases

TRE 511: Waiver of Privilege by Voluntary Disclosure

TRE 512: Privileged Matter Disclosed Under Compulsion

TRE 513: 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 511.

Waiver by Voluntary Disclosure

(a) General Rule.

A person upon whom these rules confer a privilege against disclosure waives the privilege if:

(1) the person or a predecessor of the person while holder of the privilege voluntarily discloses or consents to disclosure of any significant part of the privileged matter unless such disclosure itself is privileged; or

(2) the person or a representative of the person calls a person to whom privileged communications have been made to testify as to the person’s character or character trait insofar as such communications are relevant to such character or character trait.

(b) Lawyer-Client Privilege and Work Product; Limitations on Waiver.

Notwithstanding paragraph (a), the following provisions apply, in the circumstances set out, to disclosure of a communication or information covered by the lawyer-client privilege or work-product protection.

(1) Disclosure Made in a Federal or State Proceeding or to a Federal or State Office or Agency; Scope of a Waiver. When the disclosure is made in a federal proceeding or state proceeding of any state or to a federal office or agency or state office or agency of any state and waives the lawyer-client privilege or work-product protection, the waiver extends to an undisclosed communication or information only if:

(A) the waiver is intentional;

(B) the disclosed and undisclosed communications or information concern the same subject matter; and

(C) they ought in fairness to be considered together.

(2) Inadvertent Disclosure in State Civil Proceedings. When made in a Texas state proceeding, an inadvertent disclosure does not operate as a waiver if the holder followed the procedures of Rule of Civil Procedure 193.3(d).

(3) Controlling Effect of a Court Order. A disclosure made in litigation pending before a federal court or a state court of any state that has entered an order that the privilege or protection is not waived by disclosure connected with the litigation pending before that court is also not a waiver in a Texas state proceeding.

(4) Controlling Effect of a Party Agreement. An agreement on the effect of disclosure in a state proceeding of any state is binding only on the parties to the agreement, unless it is incorporated into a court order.

Comment to 2015 Restyling: The amendments to Rule 511 are designed to align Texas law with federal law on waiver of privilege by voluntary disclosure. Subsection (a) sets forth the general rule. Subsection (b) incorporates the provisions of Federal Rule of Evidence 502. Like the federal rule, subsection (b) only addresses disclosure of communications or information covered by the lawyer-client privilege or work-product protection. These amendments do not affect the law governing waiver of other privileges or protections.