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Introduction - Texas Rules of Evidence Manual - Tenth Edition
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ISBN:
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13625
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Originally from: Texas Rules of Evidence Manual - Tenth Edition - Hardcover Version
Texas Rules of Evidence Manual - Tenth Edition - Digital Version
Preview Page In General Clearly one of the most noteworthy developments in Texas jurisprudence in the
last three decades was the adoption of the Texas Rules of Evidence. The Rules,
which are modeled after the Federal Rules of Evidence, represented an admirable
effort by both the Texas Supreme Court and the Texas Court of Criminal Appeals to
bring some consistency and predictability to the law of evidence. Texas Rule of
Evidence 102 perhaps says it best:
These rules should be construed so as to administer every proceeding fairly,
eliminate unjustifiable expense and delay, and promote the development of
evidence law, to the end of ascertaining the truth and securing a just
determination.
The process of deciding a dispute between litigants includes the application of
many rules, not the least of which are the so-called “technical” rules of evidence. The
law of evidence helps orchestrate a systematic administrative process necessary to
resolution of disputes and aids the trial court and the jury in managing the facts
presented by the parties. This text is an attempt to help those who are bound to use the Texas Rules of
Evidence, whether it is the bench or the bar or those studying evidence. While the text
contains some “academic” discussion, the book is designed primarily to explain what a
particular Rule requires or prohibits, to indicate what the appellate courts have said
about the Rules, and to offer some practical pointers on using the Rules. As the
following discussion points out, the book itself has been designed to make it as useful
as possible to the harried judge, counsel, and student who must quickly find the “law.” Promulgation of the Separate Civil and Criminal Rules The Rules of Civil Evidence were originally promulgated on November 23, 1982,
when the Supreme Court of Texas entered an order adopting and promulgating the
Texas Rules of Evidence, effective September 1, 1983, to apply in civil proceedings
in all courts of Texas except small claims courts. Originally, the Rules were drafted
to cover criminal cases as well, but because of serious concerns about the application
of some of the Rules to criminal proceedings, the final version of the original Rules
governed only civil proceedings. The inevitable amendments soon followed. On June
25, 1984, the Texas Supreme Court issued amendments to the Texas Rules of
Evidence, effective November 1, 1984. Still further changes were made on
November 10, 1986 (effective January 1, 1988) when the Texas Supreme Court
issued amendments, including a name change to the “Texas Rules of Civil Evidence”
to distinguish them from the Texas Rules of Criminal Evidence, which became
David A. Schlueter is the Hardy Professor of Law and Director of Advocacy Programs at St. Mary's University School of Law in San Antonio, Texas. Professor Schlueter teaches 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, including the two-volume work, FEDERAL EVIDENCE TACTICS. 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 Senior Business 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, Chair of the Construction Law Section for the San Antonio Bar Association, and Chair of the Education Committee for the San Antonio Chapter of the Associated General Contractors of America.
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