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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

Site Courtesy of Varghese Summersett

Texas Rules of Evidence Rule 902.

Evidence That Is Self-Authenticating

The following items of evidence are self-authenticating; they require no extrinsic evidence of authenticity in order to be admitted:

(1) Domestic Public Documents That Are Sealed and Signed. A document that bears:

(A) a seal purporting to be that of the United States; any state, district, commonwealth, territory, or insular possession of the United States; the former Panama Canal Zone; the Trust Territory of the Pacific Islands; a political subdivision of any of these entities; or a department, agency, or officer of any entity named above; and

(B) a signature purporting to be an execution or attestation.

(2) Domestic Public Documents That Are Not Sealed But Are Signed and Certified.
A document that bears no seal if:

(A) it bears the signature of an officer or employee of an entity named in Rule 902(1)(A); and

(B) another public officer who has a seal and official duties within that same entity certifies under seal—or its equivalent—that the signer has the official capacity and that the signature is genuine.

(3) Foreign Public Documents. A document that purports to be signed or attested by a person who is authorized by a foreign country’s law to do so.

(A) In General. The document must be accompanied by a final certification that certifies the genuineness of the signature and official position of the signer or attester—or of any foreign official whose certificate of genuineness relates to the signature or attestation or is in a chain of certificates of genuineness relating to the signature or attestation. The certification may be made by a secretary of a United States embassy or legation; by a consul general, vice consul, or consular agent of the United States; or by a diplomatic or consular official of the foreign country assigned or accredited to the United States.

(B) If Parties Have Reasonable Opportunity to Investigate. If all parties have been given a reasonable opportunity to investigate the document’s authenticity and accuracy, the court may, for good cause, either:

(i) order that it be treated as presumptively authentic without final certification; or

(ii) allow it to be evidenced by an attested summary with or without final certification.

(C) If a Treaty Abolishes or Displaces the Final Certification Requirement. If the United States and the foreign country in which the official record is located are parties to a treaty or convention that abolishes or displaces the final certification requirement, the record and attestation must be certified under the terms of the treaty or convention.

(4) Certified Copies of Public Records. A copy of an official record—or a copy of a document that was recorded or filed in a public office as authorized by law—if the copy is certified as correct by:

(A) the custodian or another person authorized to make the certification; or

(B) a certificate that complies with Rule 902(1), (2), or (3), a statute, or a rule prescribed under statutory authority.

(5) Official Publications. A book, pamphlet, or other publication purporting to be issued by a public authority.

(6) Newspapers and Periodicals. Printed material purporting to be a newspaper or periodical.

(7) Trade Inscriptions and the Like. An inscription, sign, tag, or label purporting to have been affixed in the course of business and indicating origin, ownership, or control.

(8) Acknowledged Documents. A document accompanied by a certificate of acknowledgment that is lawfully executed by a notary public or another officer who is authorized to take acknowledgments.

(9) Commercial Paper and Related Documents. Commercial paper, a signature on it, and related documents, to the extent allowed by general commercial law.

(10) Business Records Accompanied by Affidavit. The original or a copy of a record that meets the requirements of Rule 803(6) or (7), if the record is accompanied by an affidavit that complies with subparagraph (B) of this rule and any other requirements of law, and the record and affidavit are served in accordance with subparagraph (A). For good cause shown, the court may order that a business record be treated as presumptively authentic even if the proponent fails to comply with subparagraph (A).

(A) Service Requirement. The proponent of a record must serve the record and the accompanying affidavit on each other party to the case at least 14 days before trial. The record and affidavit may be served by any method permitted by Rule of Civil Procedure 21a.

(B) Form of Affidavit. An affidavit is sufficient if it includes the following language, but this form is not exclusive. The proponent may use an unsworn declaration made under penalty of perjury in place of an affidavit.

1. I am the custodian of records [or I am an employee or owner] of __________  and am familiar with the manner in which its records are created and maintained by virtue of my duties and responsibilities.

2. Attached are ____ pages of records. These are the original records or exact duplicates of the original records.

3. The records were made at or near the time of each act, event, condition, opinion, or diagnosis set forth. [or It is the regular practice of __________ to make this type of record at or near the time of each act, event, condition, opinion, or diagnosis set forth in the record.]

4. The records were made by, or from information transmitted by, persons with knowledge of the matters set forth. [or It is the regular practice of __________ for this type of record to be made by, or from information transmitted by, persons with knowledge of the matters set forth in them.]

5. The records were kept in the course of regularly conducted business activity. [or It is the regular practice of __________ to keep this type of record in the course of regularly conducted business activity.]

6. It is the regular practice of the business activity to make the records.

(11) Presumptions Under a Statute or Rule. A signature, document, or anything else that a statute or rule prescribed under statutory authority declares to be presumptively or prima facie genuine or authentic.

Notes and Comments

Comment to 2013 Change: Rule 902(10)(c) is added to provide a form affidavit for proof of medical expenses. The affidavit is intended to comport with Section 41.0105 of the Civil Practice and Remedies Code, which allows evidence of only those medical expenses that have been paid or will be paid, after any required credits or adjustments. See Haygood v. Escabedo, 356 S.W.3d 390 (Tex. 2011). The records attached to the affidavit must also meet the admissibility standard of Haygood, 356 S.W.3d at 399-400 (“[O]nly evidence of recoverable medical expenses is admissible at trial.”).

Comment to 2014 Change: At the direction of the Legislature, the requirement that records be filed with the court before trial has been removed. See Act of May 17, 2013, 83rd Leg., R.S., ch. 560, § 3, 2013 Tex. Gen. Laws 1509, 1510 (SB 679). The word “affidavit” in this rule includes an unsworn declaration made under penalty of perjury. TEX. CIV. PRAC. & REM. CODE § 132.001. The reference to “any other requirements of law” incorporates the requirements of Sections 18.001 and 18.002 of the Civil Practice and Remedies Code for affidavits offered as prima facie proof of the cost or necessity of services or medical expenses. The form medical expenses affidavit that was added to this rule in 2013 has been removed as unnecessary. It can now be found in Section 18.002(b-1) of the Civil Practice and Remedies Code.