Texas Civil Practice and Remedies Code 18.061 – Communications of Sympathy
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(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.
Terms Used In Texas Civil Practice and Remedies Code 18.061
- 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.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Rule: includes regulation. See Texas Government Code 311.005
(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.