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


Subject to appellate review for an abuse of discretion, the trial court shall in a proper case, where Article 3716 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 transaction or conversation with, or statement by, a deceased person, unless he is called to testify thereto by the opposite party.

Note: New Rule.

March 19, 1957, eff. Sept. 1, 1957.


Dec. 5, 1983, eff. April 1, 1984

Repealed by order of July 15, 1987, eff.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. 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.