Texas Family Code - Section 51.17. Procedure And Evidence
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§ 51.17. PROCEDURE AND EVIDENCE. (a) Except for the
burden of proof to be borne by the state in adjudicating a child to
be delinquent or in need of supervision under Section 54.03(f) or
otherwise when in conflict with a provision of this title, the Texas
Rules of Civil Procedure govern proceedings under this title.
(b) Discovery in a proceeding under this title is governed
by the Code of Criminal Procedure and by case decisions in criminal
cases.
(c) Except as otherwise provided by this title, the Texas
Rules of Evidence applicable to criminal cases and Chapter 38, Code
of Criminal Procedure, apply in a judicial proceeding under this
title.
(d) When on the motion for appointment of an interpreter by
a party or on the motion of the juvenile court, in any proceeding
under this title, the court determines that the child, the child's
parent or guardian, or a witness does not understand and speak
English, an interpreter must be sworn to interpret for the person as
provided by Article 38.30, Code of Criminal Procedure.
(e) In any proceeding under this title, if a party notifies
the court that the child, the child's parent or guardian, or a
witness is deaf, the court shall appoint a qualified interpreter to
interpret the proceedings in any language, including sign language,
that the deaf person can understand, as provided by Article 38.31,
Code of Criminal Procedure.
(f) Any requirement under this title that a document contain
a person's signature, including the signature of a judge or a clerk
of the court, is satisfied if the document contains the signature of
the person as captured on an electronic device or as a digital
signature. Article 2.26, Code of Criminal Procedure, applies in a
proceeding held under this title.
(g) Articles 21.07, 26.07, 26.08, 26.09, and 26.10, Code of
Criminal Procedure, relating to the name of an adult defendant in a
criminal case, apply to a child in a proceeding held under this
title.
Acts 1973, 63rd Leg., p. 1460, ch. 544, § 1, eff. Sept. 1, 1973.
Amended by Acts 1995, 74th Leg., ch. 262, § 14, eff. Jan. 1,
1996; Acts 1999, 76th Leg., ch. 1477, § 3, eff. Sept. 1, 1999;
Acts 2003, 78th Leg., ch. 283, § 7, eff. Sept. 1, 2003; Acts
2005, 79th Leg., ch. 949, § 6, eff. Sept. 1, 2005.
Section: 51.102 51.11 51.115 51.116 51.12 51.13 51.151 51.17 51.18 51.19 51.20 51.21 52.01 52.015 52.0151
Last modified: August 10, 2007
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