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Texas Rules of Evidence Manual - Twelfth Edition
Pages:
ISBN:
Published On:
Updated On:
22747
InvtPart
Hardcover Book
Standing Order
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The Texas Rules of Evidence Manual - Twelfth Edition remains the most invaluable, comprehensive, and definitive guidance for Texas judges and lawyers. The book has been cited over 200 times by Texas courts (including the Texas Supreme Court and the Texas Court of Criminal Appeals), legal commentators, and lawyers drafting legal briefs. Well-documented and thoroughly researched, the book contains thousands of citations to Texas cases and secondary sources that have interpreted and applied the Texas Rules of Evidence. This comprehensively updated edition of the Texas Rules of Evidence Manual includes all key cases which interpret and apply the Texas Rules of Evidence. It also includes new discussions on: - what the courts have referred to as “party responsibility” which states that if the opponent of the offered evidence has made a timely and specific objection, the proponent of that evidence has the burden to respond to the objection, if counsel wishes to preserve a claim of error for appeal;
- Hughes v. State, 691 S.W.3d 504 (Crim. App. 2024), where the Court of Criminal Appeals addressed the question of whether a party has forfeited or waived an issue for appeal;
- Pugh v. State 639 S.W.3d 72 (Crim. App. 2022), where the court addressed the application of Rule 403 to video animations and reconstructions;
- the relationship between Rule 404(b) and Article 38.371 in domestic violence cases;
- the Texas Supreme Court’s decision in UT Sys. v. Franklin Ctr. for Government and Public Integrity, 675 S.W.3d 273 (Tex. 2023), where the university hired an independent firm to investigate and provide recommendations for policy and procedural changes in its admissions policies. The Court held that the firm was a “lawyer’s representative” as defined in Texas Rule of Evidence 503;
- Becerra v. State, 685 S.W.3d 120 (Crim. App. 2024), where an alternate juror improperly took part during jury deliberations and voted for a guilty verdict. The Court of Criminal Appeals held that another juror’s affidavit regarding the matter was admissible under Rule 606(b) as evidence of an “outside influence;”
- Mittelsted v. Meriwether, 661 S.W.3d 867 (Tex. App.⸺Houston [14th Dist.] 2023, pet. den.), where the court addressed the issue of opinion testimony in a will contest case. In that case the testator’s brother-in-law testified regarding the testator’s addiction and alcoholism. The court held that some of his testimony was admissible under Rule 701 as lay opinion testimony while other portions required expert testimony.
The Texas Rules of Evidence Manual remains a critical resource for those who are bound to use the Texas Rules of Evidence, whether the bench or the bar or those studying Texas evidence. It is designed to explain in plain language what a particular Rule requires or prohibits, indicates what the courts have said about the Rules, and offers practice pointers on using the Rules. It is constructed to be as useful as possible to the harried judge, counsel, or student who must quickly find the law and organized so that users will have at a quick glance not only the official text of each Rule of Evidence, but also in-depth commentary of the Rule. The Texas Rules of Evidence Manual – Twelfth Edition continues in the treatise’s long-standing tradition of serving as a useful and trusted one-volume addition to any legal library.
David A. Schlueter is Professor Emeritus and Hardy Chair Emeritus at St. Mary’s University School of Law in San Antonio, Texas. Professor Schlueter has taught evidence, trial advocacy, and constitutional law and has served as both a criminal trial and appellate counsel. He has authored, co-authored, or edited thirteen books on procedure and evidence. His writings are regularly cited by state and federal courts, including the Supreme Court of the United States, and legal commentators. Before joining the faculty at St. Mary’s in 1983, he served on active duty as an Army JAGC and for two years as legal counsel for the Supreme Court of the United States. He is a fellow in the American Law Institute and a Life Fellow in the American Bar Foundation and the Texas Bar Foundation. From 1988 until 2005, he served as the Reporter for the Federal Rules of Criminal Procedure Advisory Committee. Jonathan D. Schlueter is Deputy General Counsel for Zachry Construction Corporation, San Antonio, Texas. Before taking that position he was a shareholder at the San Antonio-based law firm of Cox Smith Matthews Incorporated, where he represented commercial business clients in a myriad of litigation matters with an emphasis on construction law, real estate law and complex commercial litigation. Before joining Cox Smith, he was the Senior Executive Editor for the Baylor Law Review and clerked for Judge Sandee Brian Marion of the Texas Fourth Court of Appeals. He is a member of the American Bar Association, Texas Bar Association, Texas Construction Law Section, San Antonio Bar Association, and a former Chair of the Construction Law Section for the San Antonio Bar Association, and former Chair of the Education Committee for the San Antonio Chapter of the Associated General Contractors of America.
"This book has the rare quality in that it can be read and appreciated at several levels of thought. The busy lawyer or judge can handily find the rule that he or she needs by thumbing through the book while a witness is testifying .... Throughout the book the authors have added some other helpful ingredients. They alert the reader to problems that may be lurking in a rule, and they suggest other effective uses of a rule. They also point readers to the relationship that exists between rules that might appear unconnected in theory or practice. The writers also do a good job of demystifying the rules. They present the rules in an understandable way that makes sense."
--Jack Pope, Former Chief Justice, Texas Supreme Court
"This discussion should be required pretrial reading for every judge and lawyer, no matter how seasoned. Thus, the legal profession in Texas is fortunate indeed to have this in-depth, yet practical text. Don't go to court without one."
--John F. Onion, Jr., Former Presiding Judge, Texas Court of Criminal Appeals
"The Texas Rules of Evidence Manual is a one-volume, hard-bound text that presents a comprehensive analysis and discussion of Texas Rules of Evidence for use by the Texas bench and bar...The book is substantially useful to legal practitioners whether in or out of court and in connection with both civil and criminal cases. It is relatively compact, a feature making it easy to carry to court, and, while designed to be a quick reference, is nevertheless sufficiently comprehensive to make it a useful tool for legal research on evidentiary matters, at least as a starting point."
--Don Rogers, Assistant District Attorney Appellate Division, Harris County District Attorney's Office. [The Houston Lawyer, 44:4]
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