Page 18 TEXAS RULES OF EVIDENCE
(2) Excited Utterance. A statement relating to a startling
event or condition made while the declarant was under the
stress of excitement caused by the event or condition.
(3) Then Existing M ental, Emotional, or Physical
Condition. A statement of the declarant’s then existing
state of mind, emotion, sensation, or physical condition
(such as intent, plan, motive, design, mental feeling, pain,
or bodily health), but not including a statement of memory
or belief to prove the fact remembered or believed unless
it relates to the execution, revocation, identification, or
terms of declarant’s will.
(4) Statements for Purposes of Medical Diagnosis or
Treatment. Statements made for purposes of medical
diagnosis or treatment and describing medical history, or
past or present symptoms, pain, or sensations, or the
inception or general character of the cause or external
source thereof insofar as reasonably pertinent to diagnosis
or treatment.
(5) Recorded Recollection. A memorandum or record
concerning a matter about which a witness once had
personal knowledge but now has insufficient recollection
to enable the witness to testify fully and accurately, shown
to have been made or adopted by the witness when the
matter was fresh in the witness’ memory and to reflect that
knowledge correctly, unless the circumstances of
preparation cast doubt on the document’s trustworthiness.
If admitted, the memorandum or record may be read into
evidence but may not itself be received as an exhibit
unless offered by an adverse party.
(6) Records of Regularly Conducted Activity. A
memorandum, report, record, or data compilation, in any
form, of acts, events, conditions, opinions, or diagnoses,
made at or near the time by, or from information
transmitted by, a person with knowledge, if kept in the
course of a regularly conducted business activity, and if it
was the regular practice of that business activity to make
the memorandum, report, record, or data compilation, all
as shown by the testimony of the custodian or other
qualified witness, or by affidavit that complies with Rule
902(10), unless the source of information or the method or
circumstances of preparation indicate lack of
trustworthiness. "Business" as used in this paragraph
includes any and every kind of regular organized activity
whether conducted for profit or not.
(7) Absence of Entry in Records Kept in Accordance With
the Provisions of Paragraph (6). Evidence that a matter
is not included in the memoranda, reports, records, or data
compilations, in any form, kept in accordance with the
provisions of paragraph (6), to prove the nonoccurrence or
nonexistence of the matter, if the matter was of a kind of
which a memorandum, report, record, or data compilation
was regularly made and preserved, unless the sources of
information or other circumstances indicate lack of
trustworthiness.
(8) Public Records and Reports. Records, reports,
statements, or data compilations, in any form, of public
offices or agencies setting forth:
(A) the activities of the office or agency;
(B) matters observed pursuant to duty imposed by law as
to which matters there was a duty to report,
excluding in criminal cases matters observed by
police officers and other law enforcement personnel;
or
(C) in civil cases as to any party and in criminal cases as
against the state, factual findings resulting from an
investigation made pursuant to authority granted by
law;
unless the sources of information or other circumstances
indicate lack of trustworthiness.
(9) Records of Vital Statistics. Records or data
compilations, in any form, of births, fetal deaths, deaths,
or marriages, if the report thereof was made to a public
office pursuant to requirements of law.
(10) Absence of Public Record or Entry. To prove the
absence of a record, report, statement, or data compilation,
in any form, or the nonoccurrence or nonexistence of a
matter of which a record, report, statement, or data
compilation, in any form, was regularly made and
preserved by a public office or agency, evidence in the
form of a certification in accordance with Rule 902, or
testimony, that diligent search failed to disclose the record,
report statement, or data compilation, or entry.
(11) Records of Religious Organizations. Statements of
births, marriages, divorces, deaths, legitimacy, ancestry,
relationship by blood or marriage, or other similar facts of
personal or family history, contained in a regularly kept
record of a religious organization.
(12) M arriage, Baptismal, and Similar Certificates.
Statements of fact contained in a certificate that the maker
performed a marriage or other ceremony or administered
a sacrament, made by a member of the clergy, public
official, or other person authorized by the rules or
practices of a religious organization or by law to perform
the act certified, and purporting to have been issued at the
time of the act or within a reasonable time thereafter.
(13) Family Records. Statements of fact concerning personal
or family history contained in family Bibles, genealogies,
charts, engravings on rings, inscriptions on family
portraits, engravings on urns, crypts, or tombstones, or the
like.