Texas Finance Code 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.
Terms Used In Texas Finance Code 66.355
- Effects: includes all personal property and all interest in that property. See Texas Government Code 312.011
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.