Rule 101. Title, Scope, and Applicability of the Rules; Definitions

RULE 101. Title, Scope, and Applicability of the Rules; Definitions

(a)

Title. These rules may be cited as the Texas Rules of Evidence.

(b)

Scope. These rules apply to proceedings in Texas courts except as otherwise provided in

subdivisions (d)-(f).

(c)

Rules on Privilege. The rules on privilege apply to all stages of a case or proceeding.

(d)

Exception for Constitutional or Statutory Provisions or Other Rules. Despite these rules,

a court must admit or exclude evidence if required to do so by the United States or Texas

Constitution, a federal or Texas statute, or a rule prescribed by the United States or Texas

Supreme Court or the Texas Court of Criminal Appeals. If possible, a court should resolve

by reasonable construction any inconsistency between these rules and applicable

constitutional or statutory provisions or other rules.

(e)

Exceptions. These rules—except for those on privilege—do not apply to:

(1)

the court’s determination, under Rule 104(a), on a preliminary question of fact

governing admissibility;

(2)

grand jury proceedings; and

(3)

the following miscellaneous proceedings:

(A)

an application for habeas corpus in extradition, rendition, or interstate

detainer proceedings;

(B)

an inquiry by the court under Code of Criminal Procedure article 46B.004 to

determine whether evidence exists that would support a finding that the

defendant may be incompetent to stand trial;

(C)

bail proceedings other than hearings to deny, revoke, or increase bail;

(D)

hearings on justification for pretrial detention not involving bail;

(E)

proceedings to issue a search or arrest warrant; and

(F)

direct contempt determination proceedings.

(f)

Exception for Justice Court Cases. These rules do not apply to justice court cases except

as authorized by Texas Rule of Civil Procedure 500.3.

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ther than hearings to deny, revoke, or increase bail;

(D)

hearings on justification for pretrial detention not involving bail;

(E)

proceedings to issue a search or arrest warrant; and

(F)

direct contempt determination proceedings.

(f)

Exception for Justice Court Cases. These rules do not apply to justice court cases except

as authorized by Texas Rule of Civil Procedure 500.3.

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(g)

Exception for Military Justice Hearings. The Texas Code of Military Justice, Tex. Gov’t

Code §§ 432.001-432.195, governs the admissibility of evidence in hearings held under that

Code.

(h)

Definitions. In these rules:

(1)

“civil case” means a civil action or proceeding;

(2)

“criminal case” means a criminal action or proceeding, including an examining

trial;

(3)

“public office” includes a public agency;

(4)

“record” includes a memorandum, report, or data compilation;

(5)

a “rule prescribed by the United States or Texas Supreme Court or the Texas Court

of Criminal Appeals” means a rule adopted by any of those courts under statutory

authority;

(6)

“unsworn declaration” means an unsworn declaration made in accordance with

Tex. Civ. Prac. & Rem. Code § 132.001; and

(7)

a reference to any kind of written material or any other medium includes

electronically stored information.

Notes and Comments

Comment to 1998: “Criminal proceedings” rather than “criminal cases” is used since that was the

terminology used in the prior Rules of Criminal Evidence. In subpart (b), the reference to “trials

before magistrates” comes from prior Criminal Rule 1101(a). In the prior Criminal Rules, both