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{"id":1421917,"question_id":"317190","created_at":"2017-11-10 02:52:44","updated_at":"2017-11-10 02:52:44","answerTitle":"Title, Scope, and Applicability of the Rules; Definitions (a)\tTitle. These rules may be cited as the Texas Rules of Evidence. (b)\tScope. These rules apply to proceedings in Texas courts except as otherwise provided in subdivisions (d)-(f). (c)\tRules on Privilege. The rules on privilege apply to all stages of a case or proceeding. (d)\tException 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)\tExceptions. These rules\u2014except for those on privilege\u2014do not apply to: (1)\tthe court\u2019s determination, under Rule 104(a), on a preliminary question of fact governing admissibility; (2)\tgrand jury proceedings; and (3)\tthe following miscellaneous proceedings: (A)\tan application for habeas corpus in extradition, rendition, or interstate detainer proceedings; (B)\tan 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)\tbail proceedings other than hearings to deny, revoke, or increase bail; (D)\thearings on justification for pretrial detention not involving bail; (E)\tproceedings to issue a search or arrest warrant; and (F)\tdirect contempt determination proceedings. (f)\tException for Justice Court Cases. These rules do not apply to justice court cases except as authorized by Texas Rule of Civil Procedure 500.3. (g)\tException for Military Justice Hearings. The Texas Code of Military Justice, Tex. Gov\u2019t Code \u00a7\u00a7 432.001-432.195, governs the admissibility of evidence in hearings held under that Code. (h)\tDefinitions. In these rules: (1)\t\u201ccivil case\u201d means a civil action or proceeding; (2)\t\u201ccriminal case\u201d means a criminal action or proceeding, including an examining trial; (3)\t\u201cpublic office\u201d includes a public agency; (4)\t\u201crecord\u201d includes a memorandum, report, or data compilation; (5)\ta \u201crule prescribed by the United States or Texas Supreme Court or the Texas Court of Criminal Appeals\u201d means a rule adopted by any of those courts under statutory authority; (6)\t\u201cunsworn declaration\u201d means an unsworn declaration made in accordance with Tex. Civ. Prac. & Rem. Code \u00a7 132.001; and (7)\ta reference to any kind of written material or any other medium includes electronically stored information.","isAnswerCorrect":"1","isAnswerBlank":null,"isInSecondMatchingColumn":null,"sequenceOrder":null,"lang":null,"type":0}

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