Texas Rules of Evidence - clerk's records and fingerprint cards admissible as public records

Posted by Joe Bodiford on

The docket sheet accompanying a judgment is admissible as a public record; it is a document maintained by the trial court clerk setting out the trial court’s activities. See Tex. R. Evid. 803(8)(A)(i).

Fingerprint cards taken at time of booking are not testimonial, rather are "routine business matters".  See Tex. R. Evid. 803(8)(A)(ii).  Fingerprint cards are not of the inherently adversarial and potentially unreliable nature that would require its exclusion under rule 803(8)(A)(ii) and that the trial judge did not abuse his discretion by admitting it.

Emich v. Texas, 2019 WL 311153 (Jan. 24, 2019).