Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986 Page: 560
484-569 p. ; 28 cm.View a full description of this periodical.
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communications are relevant to such character or char-
acter trait.
Rule 512. Privileged Matter Disclosed Under Compul-
sion or Without Opportunity to Claim Privilege. A
claim of privilege is not defeated by a disclosure which
was: (1) compelled erroneously; or (2) made without op-
portunity to claim the privilege.
Rule 513. Comment Upon or Inference From Claim of
Privilege; Instruction.
(a) Comment or inference not permitted. Except
as provided in Rule 504(a), the claim of a privilege,
whether in the present proceeding or upon a prior occa-
sion, is not a proper subject of comment by judge or
counsel, and no inference may be drawn therefrom.
(b) Claiming privilege without knowledge of jury.
In jury cases, proceedings shall be conducted, to the ex-
tent practicable, so as to facilitate the making of claims
of privilege without the knowledge of the jury.
(c) Jury instruction. Upon request, any party
against whom the jury might draw an adverse inference
from a claim of privilege is entitled to an instruction that
no inference may be drawn therefrom.
ARTICLE VI, WITNESSES
Rule 601. Competency and Incompetency of Witnesses.
(a) Every person is competent to be a witness ex-
cept as otherwise provided in these rules. The following
witnesses shall be incompetent to testify in any proceeding
subject to these rules:
(1) Insane persons. Insane persons who, in the
opinion of the court, are in an insane condition of mind
at the time when they are offered as a witness, or who,
in the opinion of the court, were in that condition when
the events happened of which they are called to testify.
(2) Children. Children or other persons who, af-
ter being examined by the court, appear not to possess
sufficient intellect to relate transactions with respect to
which they are interrogated.
Rule 602. Lack of Personal Knowledge. A witness
may not testify to a matter unless evidence is introduced
sufficient to support a finding that he has personal
knowledge of the matter. Evidence to prove personal
knowledge may, but need not, consist of the testimony
of the witness himself. This rule is subject to the provi-
sions of Rule 703, relating to opinion testimony by ex-
pert witnesses.
Rule 603. Oath or Affirmation. Before testifying,
every witness shall be required to declare that he will
testify truthfully, by oath or affirmation administered in
a form calculated to awaken his conscience and impress
his mind with his duty to do so.
Rule 604. Interpreters. An interpreter is subject to the
provisions of these rules relating to qualification as an
expert and the administration of an oath or affirmation
that he will make a true translation.
Rule 605. Competency of Judge as Witness. The judge
presiding at the trial may not testify in that trial as a
witness. No objection need be made in order to preserve
:he point.
Rule 606. Competency of Juror as a Witness.
(a) At the trial. A member of the jury may not
testify as a witness before that jury in the trial of the case
in which he is sitting as a juror. If he is called so to testify,
the opposing party shall be afforded an opportunity to
object out of the presence of the jury.
(b) Inquiry into validity of verdict or indictment.Upon an inquiry into the validity of a verdict or indict-
ment, a juror may not testify as to any matter or state-
ment occurring during the course of the jury's delibera-
tions or to the effect of anything upon his or any other
juror's mind or emotlon as influencing him to assent to
or dissent from the ,:e dii:t or indictment or concerning
his mental process a connection n therewith, except that
a juror may testil . :,y matter relevant to the vali.tty
of the verdict or in m. lent. Nor may his affidavit or ev-
idence of any state lment by him concerning a matter about
which he would b, precluded from testifying be received
for these purpose .
Rule 607. Who May Impeach. The credibility of a
witness may be attacked by any party, including the par-
ty calling him.
Rule 608. Evidence of Character and Conduct of
Witness.
(a) Opinion and reputation evidence of character.
The credibility of a witness may be attacked or supported
by evidence in the form of opinion or reputation, but sub-
ject to these limitations: (1) the evidence may refer only
to character for truthfulness or untruthfulness, and (2)
evidence of truthful character is admissible only after the
character of the witness for truthfulness has been attacked
by opinion or reputation evidence or otherwise.
(b) Specific instances of conduct. Specific instances
of the conduct of a witness, for the purpose of attacking
or supporting his credibility, other than conviction of
crime as provided in Rule 609, may not be inquired into
on cross-examination of the witness nor proved by ex-
trinsic evidence.
Rule 609. Impeachment by Evidence of Conviction of
Crime.
(a) General rule. For the purpose of attacking the
credibility of a witness, evidence that he has been con-
victed of a crime shall be admitted if elicited from him
or established by public record but only if the crime was
a felony or involved moral turpitude, regardless of pun-
ishment, and the court determines that the probative value
of admitting this evidence outweighs its prejudicial ef-
fect to a party.
(b) Time limit. Evidence of a conviction under this
rule is not admissible if a period of more than ten years
has elapsed since the date of the conviction or of the
release of the witness from the confinement imposed for
that conviction, whichever is the later date, unless the
court determines, in the interests of justice, that the pro-
bative value of the conviction supported by specific facts
and circumstances substantially outweighs its prejudicial
effect.
(c) Effect of pardon, annulment, or certificate of
rehabilitation. Evidence of a conviction is not admissi-
ble under- this rule if: (1) based on the finding of the
rehabilitation of the person convicted, the conviction has
been the subject of a pardon, annulment, certificate of
rehabilitation, or other equivalent procedure, and that
person has not been convicted of a subsequent crime
which was classified as a felony or involved moral tur-
pitude, regardless of punishment, or (2) probation has
been satisfactorily completed for the crime for which the
person was convicted, and that person has not been con-
victed of a subsequent crime which was classified as a
felony or involved moral turpitude, regardless of punish-
ment, or (3) based on a finding of innocence, the convic-
tion has been the subject of a pardon, annulment, or other
equivalent procedure.
(d) Juvenile adjudications. Evidence of juvenile ad-4P In Addition January 28, 1986 I1 TexReg 560
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Texas. Secretary of State. Texas Register, Volume 11, Number 8, Pages 484-569, January 28, 1986, periodical, January 28, 1986; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth243756/m1/78/: accessed May 21, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.