What do the Texas Rules of Evidence cover, and when do they apply?
The Texas Rules of Evidence (TRE) govern what evidence can be admitted in Texas state court proceedings, including rules on relevance, witness testimony, expert opinions, hearsay, privileges, and how to authenticate documents and recordings. They apply in most civil and criminal cases in Texas courts, though a few proceedings, like grand jury hearings and certain pretrial matters, follow different standards. With 75 rules organized by topic, the TRE provide the framework courts use to decide what information a judge or jury is allowed to consider.
How do the Texas Rules of Evidence differ from the Federal Rules of Evidence?
The TRE are closely modeled on the Federal Rules of Evidence (FRE), so the structure and many provisions look similar, but there are meaningful differences, particularly around privileges and a handful of Texas-specific procedural choices. The FRE apply in federal courts, while the TRE apply in Texas state courts, so the right set of rules depends on which court system is handling the case. When researching a Texas state court matter, always check the TRE directly rather than assuming the federal rules will say the same thing.
Where in the Texas Rules of Evidence would I find rules about hearsay or expert witnesses?
Hearsay is covered in Article VIII of the TRE, which includes the definition of hearsay, exemptions, and a long list of exceptions that allow certain out-of-court statements into evidence. Rules about expert and opinion testimony are found in Article VII, including the standards courts use to decide whether expert testimony is reliable enough to be admitted. Browsing by article is usually the fastest way to find what you need, since the TRE are organized thematically rather than alphabetically.