Texas Rules of Evidence Manual - Tenth Edition - Hardcover

David A. Schlueter; Jonathan D. Schlueter

9781578234516: Texas Rules of Evidence Manual - Tenth Edition

Hardcover

ISBN 10: 1578234514 ISBN 13: 9781578234516

Publisher: Juris Publishing, Inc., 2015

Texas Rules of Evidence Manual provides an updated comprehensive reference to Texas evidence for both civil and criminal cases. The book provides a rule-by-rule analysis of each Rule of Evidence. This sturdy hard-cover text is designed for heavy use in the courtroom.

This text helps those who are bound to use the Texas Rules of Evidence, whether it is the bench or the bar or those studying evidence. While the text contains some academic discussions, the book is designed to explain what a particular Rule requires or prohibits, to indicate what the appellate courts have said about the Rules, and to offer some practical pointers on using the Rules. The book itself has been designed to make it as useful as possible to the harried judge, counsel, and student who must quickly find the "law."

Following each Rule is an editorial commentary on the Rule explaining how the Rule works, what the Texas courts have said about the Rule, and how it compares with the Federal Rule, because Texas courts often review federal precedent where they find it helpful in applying a Texas Rule. When appropriate, practical pointers are also provided on how to use the Rule. Where the Rules apply in the same fashion for both civil and criminal cases, those points are discussed together. On the other hand, where they diverge, the authors have used separate headings for "Civil" and "Criminal" when that seems appropriate.

One of the objectives of the Editorial Analysis in this text is to deal with the interrelationships of the various Rules. The authors have noted those areas where the Rules differ from pre-Rules case law or statutory provisions. Some of the Rules changed the prior Texas evidence law and, althoughmany of the Texas Rules agree with the Federal Rules, a number differ significantly.

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About the Author:

David A. Schlueter is the Hardy Professor of Law and Director of Advocacy Programs at St. Mary's University School of Law in San Antonio, Texas. Professor Schlueter teaches evidence, trial advocacy, and constitutional law and has served as both a criminal trial and appellate counsel. He has authored, co-authored, or edited thirteen books on procedure and evidence, including the two-volume work, FEDERAL EVIDENCE TACTICS. His writings are regularly cited by state and federal courts, including the Supreme Court of the United States, and legal commentators. Before joining the faculty at St. Mary's in 1983, he served on active duty as an Army JAGC and for two years as legal counsel for the Supreme Court of the United States. He is a fellow in the American Law Institute and a Life Fellow in the American Bar Foundation and the Texas Bar Foundation. From 1988 until 2005, he served as the Reporter for the Federal Rules of Criminal Procedure Advisory Committee.

Jonathan D. Schlueter is Senior Business Counsel for Zachry Construction Corporation, San Antonio, Texas. Before taking that position he was a shareholder at the San Antonio based law firm of Cox Smith Matthews Incorporated, where he represented commercial business clients in a myriad of litigation matters with an emphasis on construction law, real estate law and complex commercial litigation. Before joining Cox Smith, he was the Senior Executive Editor for the Baylor Law Review and clerked for Judge Sandee Brian Marion of the Texas Fourth Court of Appeals. He is a member of the American Bar Association, Texas Bar Association, Texas Construction Law Section, San Antonio Bar Association, Chair of the Construction Law Section for the San Antonio Bar Association, and Chair of the Education Committee for the San Antonio Chapter of the Associated General Contractors of America.

Review:

This book has the rare quality in that it can be read and appreciated at several levels of thought. The busy lawyer or judge can handily find the rule that he or she needs by thumbing through the book while a witness is testifying .... Throughout the book the authors have added some other helpful ingredients. They alert the reader to problems that may be lurking in a rule, and they suggest other effective uses of a rule. They also point readers to the relationship that exists between rules that might appear unconnected in theory or practice. The writers also do a good job of demystifying the rules. They present the rules in an understandable way that makes sense. --Jack Pope, Former Chief Justice, Texas Supreme Court

This discussion should be required pretrial reading for every judge and lawyer, no matter how seasoned. Thus, the legal profession in Texas is fortunate indeed to have this in-depth, yet practical text. Don't go to court without one. --John F. Onion, Jr., Former Presiding Judge, Texas Court of Criminal Appeals

The Texas Rules of Evidence Manual is a one-volume, hard-bound text that presents a comprehensive analysis and discussion of Texas Rules of Evidence for use by the Texas bench and bar...The book is substantially useful to legal practitioners whether in or out of court and in connection with both civil and criminal cases. It is relatively compact, a feature making it easy to carry to court, and, while designed to be a quick reference, is nevertheless sufficiently comprehensive to make it a useful tool for legal research on evidentiary matters, at least as a starting point. --Don Rogers, Assistant District Attorney Appellate Division, Harris County District Attorney's Office. [The Houston Lawyer, 44:4]

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