Back to Main Page / Back to List of Rules

Rule 182. Testimony of Adverse Parties in Civil Suits


In the trial of any civil suit or proceeding in any justice court, county court, or district court any party plaintiff or defendant shall have the right to call as a witness in his behalf any other individual who is a party to such suit or proceedings, either as plaintiff or defendant. If such other party be a corporation, then any officer or director of such corporation, or manager, superintendent, agent or party in control of the particular matters and things under investigation by any of said courts in the trial of a case may be called as a witness with like effect as if they were individual parties to such suit or proceeding. Any such witness may be examined by the party calling the witness, and if such witness give testimony adverse to the party calling him, the party so calling such adverse witness shall not be bound to accept the testimony of such adverse witness as true, but shall have the right to impeach such witness and the testimony of such witness, and shall have the right to introduce other evidence upon any issue involved in such suit or proceeding without regard to the testimony of such adverse witness; and in examining such adverse witness leading questions may be asked by counsel for the party calling such witness but opposing counsel shall not be permitted to ask such witness leading questions or in any manner lead such witness.

Source: Acts 1929, 41st Leg., 1st C. S., p. 255, ch. 105, Sec. 1; Acts 1931, 42nd Leg., p. 307, ch. 181, Sec. 1, appearing in Vernon's Statutes as Art. 3769c, with minor textual change.

Oct. 29, 1940, eff. Sept.1, 1941.

Repealed by order of July 15, 1987, eff. Jan. 1, 1988. The promulgation of Texas Rules of Civl Evidence 607 and 610(c) fully satisfies all needs served by Rule182. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988: In the July 15, 1987 Order, references to Rules of Evidence and Texas Rules of Evidence should be changed to Texas Rules of Civil Evidence.