81C93(2) KLA

 

CHAPTER 54.  PLEADINGS AND EVIDENCE IN GENERAL

SUBCHAPTER A.  PLEADINGS

Sec. 54.001.  EFFECT OF FILING OR CONTESTING PLEADING ...... 1

Sec. 54.002.  DEFECT IN PLEADING ........................... 1

[Sections 54.003-54.050 reserved for expansion]

SUBCHAPTER B.  EVIDENCE

Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING

                TO WITNESSES AND EVIDENCE .................. 2

Sec. 54.052.  USE OF CERTAIN RECORDS AS EVIDENCE ........... 3

CHAPTER 54.  PLEADINGS AND EVIDENCE IN GENERAL

SUBCHAPTER A.  PLEADINGS

Revised Law

Sec. 54.001.  EFFECT OF FILING OR CONTESTING PLEADING.  (a)  The filing or contesting in probate court of a pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.

(b)  This section does not abrogate any right of a person under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil Practice and Remedies Code.  (Tex. Prob. Code, Sec. 10C.)

Source Law

Sec. 10C.  (a)  The filing or contesting in probate court of any pleading relating to a decedent's estate does not constitute tortious interference with inheritance of the estate.

(b)  This section does not abrogate any rights of a person under Rule 13, Texas Rules of Civil Procedure, or Chapter 10, Civil Practice and Remedies Code.

Revised Law

Sec. 54.002.  DEFECT IN PLEADING.  A court may not invalidate a pleading in probate, or an order based on the pleading, on the basis of a defect of form or substance in the pleading unless a timely objection has been made against the defect and the defect has been called to the attention of the court in which the proceeding was or is pending.  (Tex. Prob. Code, Sec. 9.)

Source Law

Sec. 9.  No defect of form or substance in any pleading in probate shall be held by any court to invalidate such pleading, or any order based upon such pleading, unless the defect has been timely objected to and called to the attention of the court in which such proceedings were or are pending.

[Sections 54.003-54.050 reserved for expansion]

SUBCHAPTER B.  EVIDENCE

Revised Law

Sec. 54.051.  APPLICABILITY OF CERTAIN RULES RELATING TO WITNESSES AND EVIDENCE.  Except as provided by Section ______ [[[Sec. 22 (part), Tex. Prob. Code]]], the rules relating to witnesses and evidence that apply in the district court apply in a proceeding arising under this title to the extent practicable. (Tex. Prob. Code, Sec. 22 (part).)

Source Law

Sec. 22.  In proceedings arising under the provisions of this Code, the rules relating to witnesses and evidence that govern in the District Court shall apply so far as practicable except that … .

Revisor's Note

Section 22, Texas Probate Code, provides in part that in proceedings arising under the provisions of "this Code," meaning the Texas Probate Code, the rules relating to witnesses and evidence that govern in district courts apply to the extent practicable.  The revised law substitutes a reference to a proceeding arising under "this title" for the reference to proceedings arising under "this Code" and does not reference provisions revised or redesignated in other titles of this code for the reasons that follow.

The Texas Probate Code consists of general provisions, provisions relating to the estate of a decedent, the Durable Power of Attorney Act, and provisions relating to guardianships.  Title 2 of this code, of which this chapter is a part, contains the revision of certain general provisions, the provisions relating to the estate of a decedent, and the Durable Power of Attorney Act.  The other general provisions are revised in Title 1 of this code, and provisions relating to guardianships are redesignated as Title 25 of this code.  The substance of Section 22 revised as this section is inapplicable to the provisions revised in Title 1 because no proceeding could arise under that title, and to the extent Section 22 applies to guardianship proceedings, it continues to apply because Section 603, Texas Probate Code, redesignated as Section 603 of this code, provides that the laws and rules governing the estates of decedents apply to guardianships to the extent those laws and rules are applicable and not inconsistent with other provisions of the code.

Revised Law

Sec. 54.052.  USE OF CERTAIN RECORDS AS EVIDENCE.  The following are admissible as evidence in any court of this state:

(1)  record books described by Sections _____ [[[Sections 13, 14, and 16, Tex. Prob. Code]]] and individual case files described by Section _____ [[[Sec. 15, Tex. Prob. Code]]], including records maintained in a manner allowed under Section _____ [[[Section 17, Tex. Prob. Code]]]; and

(2)  certified copies or reproductions of the records.  (Tex. Prob. Code, Sec. 18.)

Source Law

Sec. 18.  The record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in another similar form of data compilation described in preceding sections of this code, or certified copies or reproductions of the records, shall be evidence in any court of this state.

Revisor's Note

(1)  Section 18, Texas Probate Code, states that certain records and files "shall be evidence" in any court of this state.  The revised law substitutes "are admissible as evidence" for the quoted language because the phrases have the same meaning and the latter phrase is consistent with modern usage.

(2)  Section 18, Texas Probate Code, refers to "record books or individual case files, including records on a computer file, on microfilm, in the form of a digitized optical image, or in another similar form of data compilation described in preceding sections of this code."  Sections 13, 14, 15, and 16, Texas Probate Code, are the sections of that code that precede Section 18 and describe those records and files, and Section 17, Texas Probate Code, is the section of that code that precedes Section 18 and authorizes certain records to be maintained on a computer file, on microfilm, in the form of a digitized optical image, or in another form of data compilation.  For the convenience of the reader, the revised law substitutes references to record books described by Sections ______ of this code, which are the provisions that revise Sections 13, 14, and 16, Texas Probate Code, and to individual case files maintained under Section ______ of this code, which is the provision that revises Section 15, Texas Probate Code, and records maintained in a manner allowed under Section ______ of this code, which is the provision that revises Section 17, Texas Probate Code.