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No changes are recommended for Rule 12 as published. After inserting answers on the original and the copy served him, the answering party shall serve the original on the issuing party. And a party who does not have the trial burden of production may rely on a showing that a party who does have the trial burden cannot produce admissible evidence to carry its burden as to the fact. Documentary evidence shall be put in and read or taken as read by consent. 24. (1) The court clerk shall take charge of every document or object put in as an exhibit during the trial of an action and shall mark or label ever exhibit with a letter or letters indicating the party by whom the it is put in (or where more convenient, the witness by whom the exhibit is proved) and with a number, so that all the exhibits put in by a party (or proved by a witness) are numbered in one consecutive series. (2) The Court Clerk shall cause a list of all the exhibits in the action to be made. (3) The list of exhibits when completed shall be attached to the pleadings and shall form part of the record of the action. (4) For the purpose of this rule, a bundle of documents may be treated and counted as one exhibit. (5) In this rule, a witness by whom an exhibit is proved includes a witness in the course of whose evidence the exhibit is put in. 25. (1) Where a document or object is tendered as an exhibit and is rejected by the Court, it shall be marked "Rejected," and shall be retained along with accepted exhibits. (2) Where more exhibits than one are rejected in the same action, they shall be numbered serially. (3) If the case goes on appeal, a list of such exhibits shall be transmitted to the appeal court. 26. (1) An exhibit shall not be released, after the trial, to the party who has put it in unless the period during which notice of appeal to the Court of Appeal may be given has elapsed without the notice having been given, and then only if the Judge who presided over the trial (or, in his absence, another Judge) grants leave to release that exhibit on being satisfied- (a) that there will be no appeal; (b) that the exhibit will be kept duly marked and labelled and will be produced, if required, at the hearings of an appeal in the Court of Appeal (if any such appeal is lodge ); or (c) that the release of the exhibit will not in any way prejudice any other party. (2) After a notice of appeal to the Court of Appeal has been filed, an exhibit produced at the trial shall not be released by the High Court unless leave to release the exhibit is granted by the Court of Appeal. 27. (1) Any party may apply for and on payment of the prescribed fee, obtain an office copy of the list of exhibits for the purpose of an appeal to the Court of Appeal. (2) Where there is an appeal to the Court of Appeal, an office copy of the list of exhibits shall be included among the documents supplied to that Court for the purpose of the appeal. 28. (1) In cases where written pleadings have not been filed or the parties or either of them are incapable of understanding their effect with sufficient accuracy, the proceeding at the hearing shall be varied by the Court so far as may be necessary. (2) In particular, the statement of the defendant in defence where he does not admit the whole cause of action, shall be heard immediately after the plaintiff has concluded the statement of his claim and of the grounds thereof and before any witness is examined, unless in any case the Court directs otherwise. 29.
Continue reading Vernon's Texas Rules Annotated Civil Procedure Rules 352-432