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Tex. R. Evid. 513

Tex. R. Evid. 513 - Comment On or Inference From a Privilege Claim Instruction

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Verbatim reference text. This is the full, unedited text of Tex. R. Evid. 513, provided for reference only — it is not legal advice, and Divorce.law is not a law firm. Always confirm current wording against the official source.

TEXAS RULES OF EVIDENCE (September 1, 2025) Rule 513 — Comment On or Inference From a Privilege Claim; Instruc ARTICLE V. — PRIVILEGES Rule 513: Comment On or Inference From a Privilege Claim; Instruction (a) Comment or Inference Not Permitted. Except as permitted in Rule 504(b)(2), neither the court nor counsel may comment on a privilege claim—whether made in the present proceeding or previously—and the factfinder may not draw an inference from the claim. (b) Claiming Privilege Without the Jury’s Knowledge. To the extent practicable, the court must conduct a jury trial so that the making of a privilege claim is not suggested to the jury by any means. (c) Claim of Privilege Against Self-Incrimination in a Civil Case. Subdivisions (a) and (b) do not apply to a party’s claim, in the present civil case, of the privilege against self-incrimination. (d) Jury Instruction. When this rule forbids a jury from drawing an inference from a privilege claim, the court must, on request of a party against whom the jury might draw the inference, instruct the jury accordingly. Notes and Comments Comment to 1998 change: Subdivision (d) regarding a party’s entitlement to a jury instruction about a claim of privilege is made applicable to civil cases. ARTICLE VI. WITNESSES Source: Texas Supreme Court — txcourts.gov | Effective September 1, 2025 Page 1