Effective April 2015, the Texas Supreme Court amended the Texas Rules of Evidence. Practitioners will be happy to hear that the rules were generally restyled to make them easier to read and as consistent as possible with the Federal Rules without changing Texas evidence law.
While most of the 2015 amendments are stylistic, there were significant substantive changes made to Rule 511 related to privilege waiver that will be very familiar to federal court practitioners. Previously, Rule 511 provided that any privilege conveyed by the Texas Rules of Evidence would be waived by the holder if: 1. any significant part of a privileged matter is voluntarily disclosed in a non-privileged communication; or 2. the privileged matter is placed at issue by calling a witness who has received privileged communications to testify as to their character and the content of the privileged communication is relevant to the character trait at issue.
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