Remote Testimony and Unsworn Declarations

As we all contend with remote hearings and hearings by written submission, here are a few statutes and cases to consider: Administration of Oath.  An oath made in Texas may be administered by a judge, an associate judge, a notary public, and fifteen other types of government officials.  Tex. Gov’t Code § 602.002 Definition of “Affidavit.”  An affidavit is “a […]

Can the trial court allow jurors to ask the witnesses questions?

In the Interest of J.T. (Waco 2019) (10-19-00298-CV) Link to Court’s Opinion Facts:  The trial court permitted the jurors to submit questions to the witnesses over Mother’s objection in this suit to terminate her rights.  The trial court submitted over 165 juror questions to witnesses.  The jury terminated her rights, and mother appealed. Result:  It was error to allow jurors […]