Tex. Civil Practice and Remedies Code § 18.061
This is the official text of Tex. Civil Practice and Remedies Code § 18.061, part of Texas’s Civil Practice and Remedies Code — sets procedural rules and available remedies for civil lawsuits.
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§ 18.061. COMMUNICATIONS OF SYMPATHY.
Official statutory text
(a) A court in a civil action may not admit a communication that:
(1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident;
(2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and
(3) is offered to prove liability of the communicator in relation to the individual.
(b) In this section, "communication" means:
(1) a statement;
(2) a writing; or
(3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.
(1) expresses sympathy or a general sense of benevolence relating to the pain, suffering, or death of an individual involved in an accident;
(2) is made to the individual or a person related to the individual within the second degree by consanguinity or affinity, as determined under Subchapter B, Chapter 573, Government Code; and
(3) is offered to prove liability of the communicator in relation to the individual.
(b) In this section, "communication" means:
(1) a statement;
(2) a writing; or
(3) a gesture that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) Notwithstanding the provisions of Subsections (a) and (b), a communication, including an excited utterance as defined by Rule 803(2) of the Texas Rules of Evidence, which also includes a statement or statements concerning negligence or culpable conduct pertaining to an accident or event, is admissible to prove liability of the communicator.
Status: in_force · Read it on the official government site
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