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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 18.061. Communications of Sympathy

Current as of January 01, 2024 | Updated by Findlaw Staff

(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;  1 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.

(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.

1 V.T.C.A., Government Code § 573.021 et seq.
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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 18.061. Communications of Sympathy - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-18-061/

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