Texas Civil Practice & Remedies Code - Section 18.061. Communications Of Sympathy
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Texas Lawyer > Civil Practice & Remedies Code > Texas Civil Practice & Remedies Code - Section 18.061. Communications Of Sympathy
§ 18.061. COMMUNICATIONS OF SYMPATHY. (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.
Added by Acts 1999, 76th Leg., ch. 673, § 1, eff. Sept. 1, 1999.
Section: 17.092 17.093 18.001 18.002 18.031 18.032 18.033 18.061 18.062 18.091 19.001 19.002 19.003 19.004 19.005
Last modified: August 11, 2007
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