Welcome to the realm of Texas Rules of Evidence 902, where the authenticity, admissibility, and relevance of evidence take center stage. This comprehensive guide will navigate you through the intricacies of this legal framework, providing insights into how evidence is authenticated, hearsay exceptions are applied, and relevance is determined in Texas courts.
From the foundational principles of authentication to the nuanced application of hearsay exceptions, Texas Rules of Evidence 902 serves as a roadmap for ensuring the reliability and probative value of evidence presented in legal proceedings. Get ready to delve into the fascinating world of evidence law, where every piece of information holds the potential to shape the outcome of a case.
Definition of Texas Rules of Evidence 902
The Texas Rules of Evidence (TRE) 902 governs the admissibility of self-authentication documents.
It sets forth the criteria for determining whether a document is self-authenticating and, therefore, admissible without the need for extrinsic evidence of its authenticity.
Purpose and Scope of TRE 902
The purpose of TRE 902 is to streamline the admission of documents into evidence by eliminating the need for unnecessary foundational testimony.
Texas Rules of Evidence 902 provides guidelines for the admissibility of evidence. Incidentally, do you know that 93 is 50% of 186 ? Returning to Texas Rules of Evidence 902, it ensures the reliability and relevance of evidence presented in court.
It applies to both civil and criminal cases and covers a wide range of documents, including:
- Public records
- Certified copies of public records
- Official publications
- Newspapers and periodicals
- Trade inscriptions and the like
- Acknowledged documents
- Commercial paper
- Records of regularly conducted activity
- Certified domestic records of regularly conducted activity
- Foreign public documents
Authentication of Evidence under TRE 902
TRE 902 governs the authentication of evidence in Texas courts. It provides several methods for establishing the authenticity of evidence, ensuring that the evidence is what it purports to be and is admissible in court.
The methods of authentication permitted under TRE 902 include:
- Testimony of a witness with knowledge
- Non-expert opinion on handwriting
- Comparison by trier of fact or expert witness
- Distinctive characteristics and the like
- Voice identification
- Telephone conversations
- Public records or reports
- Ancient documents or data compilation
- Process or system
- Methods provided by statute or rule
Self-Authentication
TRE 902(10) provides a “self-authentication” provision, which allows certain documents to be admitted into evidence without extrinsic proof of authenticity. These documents include:
- Domestic public documents under seal
- Foreign public documents
- Certified copies of public records
- Official publications
- Newspapers and periodicals
- Trade inscriptions and the like
- Acknowledged documents
- Commercial paper and related documents
- Presumptions under law
Requirements for Proper Foundation
To establish a proper foundation for the admission of evidence under TRE 902, the proponent must present sufficient evidence to support the authenticity of the evidence. This may include:
- Testimony from a witness who can identify the evidence and attest to its authenticity
- Documents or other evidence that corroborate the authenticity of the evidence
- Circumstantial evidence that supports the authenticity of the evidence
The court will consider the totality of the evidence presented to determine whether a proper foundation has been established for the admission of the evidence.
Exceptions to the Hearsay Rule under TRE 902
The Texas Rules of Evidence (TRE) 902 sets forth several exceptions to the hearsay rule, allowing the admission of out-of-court statements in certain circumstances.
Excited Utterance Exception
This exception allows for the admission of statements made under the influence of excitement caused by a startling event or condition. The rationale behind this exception is that the excitement reduces the likelihood of fabrication or conscious misstatement.
For example, in a trial involving a car accident, a witness who observed the crash may testify to a statement made by one of the drivers immediately after the impact, while the driver was still in a state of shock and excitement.
Present Sense Impression Exception
This exception allows for the admission of statements made while perceiving an event or condition. The rationale is that the statement is made so close in time to the event that there is little opportunity for fabrication or distortion.
For instance, in a murder trial, a witness may testify to a statement made by the victim just after being shot, describing the assailant’s appearance and actions.
Dying Declaration Exception
This exception permits the admission of statements made by a person who believes they are about to die. The rationale is that the impending death creates a sense of solemnity and truthfulness.
For example, in a prosecution for murder, a statement made by the victim to a doctor or nurse while in the hospital, shortly before dying from their injuries, may be admissible as a dying declaration.
Admissions of a Party-Opponent Exception
This exception allows for the admission of statements made by a party to the lawsuit, or by their agent or representative. The rationale is that parties are generally reliable sources of information about themselves and their interests.
For instance, in a breach of contract case, a letter written by the defendant admitting to the breach may be admissible against them.
Ancient Documents Exception
This exception allows for the admission of documents that are at least 20 years old and have been in the custody of a qualified person. The rationale is that the age of the document and its custody provide sufficient indicia of authenticity.
For example, in a property dispute, a deed that is over 20 years old and has been in the possession of the plaintiff’s family may be admissible to prove ownership of the land.
Impeachment and Rehabilitation of Witnesses
TRE 902 plays a crucial role in the impeachment and rehabilitation of witnesses. Impeachment involves challenging the credibility of a witness by presenting evidence that undermines their trustworthiness. Rehabilitation, on the other hand, aims to restore a witness’s credibility after they have been impeached.
Types of Impeachment Evidence
- Prior inconsistent statements: These can be used to show that the witness has changed their story or is not being truthful.
- Bias or interest: Evidence of bias or interest can be used to show that the witness has a reason to lie or distort the truth.
- Character for truthfulness or untruthfulness: This type of evidence can be used to show that the witness has a reputation for being truthful or untruthful.
- Criminal convictions: Certain criminal convictions can be used to impeach a witness’s credibility.
Rehabilitating a Witness
If a witness has been impeached, the party who called them may attempt to rehabilitate their credibility by:
- Offering evidence to explain or contradict the impeachment evidence: For example, the witness could offer an explanation for why they made a prior inconsistent statement.
- Introducing evidence of the witness’s good character for truthfulness: This could include testimony from other witnesses who can attest to the witness’s honesty.
- Asking the witness leading questions: Leading questions are typically not allowed, but they can be used to rehabilitate a witness by helping them to clarify their testimony.
Relevance and Admissibility of Evidence
Under TRE 902, relevance is the tendency of evidence to make a fact more or less probable than it would be without the evidence. In other words, relevant evidence is evidence that helps to prove or disprove a material fact in the case.
Courts consider several factors when determining whether evidence is relevant, including:
- The logical connection between the evidence and the fact it is offered to prove
- The strength of the connection
- The availability of other evidence to prove the same fact
- The prejudicial effect of the evidence
Once evidence is found to be relevant, it is generally admissible unless it is excluded by a rule of law, such as the hearsay rule or the privilege against self-incrimination.
Privileges and Confidential Communications
The Texas Rules of Evidence (TRE) 902 recognizes several privileges that protect certain types of communications from disclosure in court. These privileges are designed to protect the privacy of individuals and to promote certain relationships that are considered essential to society.
The scope and limitations of each privilege vary depending on the specific privilege. Some privileges are absolute, meaning that they cannot be overcome by any evidence. Other privileges are qualified, meaning that they can be overcome if the party seeking disclosure can show a compelling need for the evidence.
Procedures for Asserting and Challenging Privileges in Court, Texas rules of evidence 902
To assert a privilege, the party claiming the privilege must object to the introduction of the evidence. The party seeking disclosure must then prove that the privilege does not apply or that the privilege has been waived.
The court will then decide whether to uphold the privilege. If the court upholds the privilege, the evidence will not be admitted. If the court overrules the privilege, the evidence will be admitted.
Detailed FAQs
What is the purpose of Texas Rules of Evidence 902?
TRE 902 establishes the standards for authenticating evidence, ensuring its genuineness and reliability before it can be admitted in court.
How does TRE 902 define “authentication”?
Authentication under TRE 902 refers to the process of proving that an item of evidence is what it is claimed to be, ensuring its trustworthiness and connection to the case.
What are the different methods of authentication permitted under TRE 902?
TRE 902 allows for various authentication methods, including testimony of a witness with knowledge, comparison with known exemplars, distinctive characteristics, and public records or reports.
