Back to Main Page / Back to List of Rules

Rule 182a. Court Shall Instruct Jury Effect of Article 3716 (1984)


Subject to appellate review for an abuse of discretion, the trial court shall in a proper case, where Rule 601(b), Texas Rules of Evidence, prohibits an interested party or witness from testifying, instruct the jury that such person is not permitted by the law to give evidence relating to any conversation with, or statement by, a deceased person, unless the person is called to testify thereto by the opposite party.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule is amended to conform to Rule 601 (b), Texas Rules of Civil Evidence. 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.

Prior Amendments Future Amendments
March 19, 1957, eff. Sept. 1, 1957 Repealed by order of July 15, 1987, eff. Jan. 1, 1988. Comment. Rule 182a has been added to Texas Rules of Civil Evidence 601(b). Therefore, Rule 182a is no longer necessary