Effective September 1, 2014, the service requirement of Texas Rule of Evidence 902(10) will change by order of the Supreme Court of Texas. (See p. 426 of the May 2014 Texas Bar Journal) Currently, Texas Rule of Evidence 902(10) Business Records Accompanied by Affidavit allows the self-authenticated admission of “such record or records along with such affidavit [when] filed with the clerk of the court” at least fourteen (14) days before trial. Any party wanting copies of the records is responsible for the time and expense of obtaining them. The new Rule regarding service says: “The proponent of a record must serve the record and the accompanying affidavit on each other party to the case at least 30 days before the day on which evidence is first presented at the trial of the case.” A record and affidavit may be served electronically, including email.
The amendments may be changed in response to comments received by July 1, 2014. Any interested party may submit written comments to Rules Attorney, Martha Newton, at rulescommentstxcourts.gov.
Stephen Gustitis is a criminal defense lawyer in Bryan-College Station. He is Board Certified in Criminal Law by the Texas Board of Legal Specialization. He is also a husband, father, and retired amateur bicycle racer.