Texas Mock Trial Rules

Key Differences from Federal Rules of Evidence

• TRE Rule 503 codifies the attorney-client privilege within the evidence rules themselves, providing more detailed protections than the federal common-law privilege
• Texas uses the Robinson/Daubert standard for expert testimony reliability under TRE 702, with state-specific reliability factors
• TRE Rule 107 (Rule of Optional Completeness) is broader than FRE 106, allowing introduction of any related writing or recorded statement when fairness requires it
• Texas does not recognize a general physician-patient privilege in litigation; medical records are obtainable through discovery

Notable Rules

Key Features

• Texas District Courts are the primary trial courts of general jurisdiction; County Courts at Law handle lesser matters
• Texas uses a unique two-phase trial structure in criminal cases: guilt/innocence phase followed by a separate punishment phase
• Texas discovery rules (Level 1, 2, 3 discovery control plans) provide structured discovery limits based on case complexity and amount in controversy

• Civil juries: 12 in District Court, 6 in County Court; verdict requires 10 of 12 or 5 of 6 (unanimity not required)
• Criminal felony juries require 12 unanimous jurors
• Criminal misdemeanor juries consist of 6 jurors and require unanimity