Court Opinions

State Laws

US Code

US Constitution

Texas Finance Code - Section 66.355. Receipt Of Items As Evidence In Receivership Proceeding; Certification

Legal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Section 66.355. Receipt Of Items As Evidence In Receivership Proceeding; Certification

§ 66.355. RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP 
PROCEEDING;  CERTIFICATION.  (a) A book, record, document, or paper 
of the association received and held by the receiver during the 
receivership proceeding or a certified copy of one of those items, 
under the hand and official seal of the receiver, is admissible as 
evidence in a case brought by or against the receiver without 
additional evidence of authenticity except for a certificate of the 
receiver stating that the item was received from the custody of the 
association or found among the association's effects.
	(b)  In a case brought by or against the receiver, the 
receiver may:         
		(1)  certify the correctness of a paper, document, or 
record of the receiver's office, including an item described by 
Subsection (a);  and
		(2)  certify under seal of the receiver to a fact 
contained in the paper, document, or record in evidence in a case in 
which the original would be evidence.
	(c)  When admitted into evidence, the original or a certified 
copy or part of an item described by Subsection (b) becomes prima 
facie evidence of the facts disclosed in the item.
	(d)  This section applies to a case brought by or against the 
liquidating agent before the appointment of a receiver as if the 
case had been brought by or against the receiver.

Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.                   

Last modified: August 10, 2007