Rule 13.190.Certain Documents Admissible
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 13.190
Plain-English Summary
Conditions come first, and both fall on the party offering the document. The description of the document, with the name, address, and telephone number of its author or maker, had to be in the prehearing statement of proof at least 14 days before the hearing. And the offering party must have promptly made available, after request, all other documents from that same author or maker. Miss either condition and the shortcut closes. The document also has to be relevant, like any other evidence.
The list itself is broad. It covers bills, reports, charts, and records from a hospital, doctor, dentist, registered nurse, licensed practical nurse, physical therapist, psychologist, or other health care provider on letterhead or a printed bill; bills for drugs, medical appliances, or other related expenses; bills for or estimates of property damage; police, weather, wage loss, and traffic signal reports and standard life expectancy tables; photographs, x-rays, drawings, maps, blueprints, and similar documentary evidence; and written witness statements, including an expert's written report with the expert's qualifications and the opinion the witness would give in person, if made by affidavit or by declaration under penalty of perjury. A catch-all closes the list for documents with equivalent circumstantial guarantees of trustworthiness whose admission would serve the policies, purposes, and interests of justice.
Property damage estimates carry an extra step. A party intending to offer an estimate must forward, with the prehearing statement of proof, a statement saying whether the property was repaired and, if it was, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid.
The other side is not stuck with paper. Any other party may subpoena the author or maker of a document admissible under this rule, at that party's own expense, and examine that person as if under cross-examination. The rule saves the cost of live testimony by default and shifts it to the party who wants it.
Frequently Asked Questions
Can I put in my medical bills without calling the doctor?
Yes, if you meet the conditions. A bill, report, chart, or record from a doctor or other health care provider on letterhead or a printed bill is admissible when it is relevant, when you described it and identified its author in your prehearing statement of proof at least 14 days before the hearing, and when you have promptly made available on request the author's other documents.
What do I have to do 14 days before the hearing to use these documents?
Include in the prehearing statement of proof a description of the document and the name, address, and telephone number of its author or maker. That disclosure is what earns the document its place at the hearing.
Is a written expert report admissible?
Yes, under the provision for written witness statements. An expert's written report may include a statement of qualifications and the opinion the expert would give if testifying in person, and it must be made by affidavit or by declaration under penalty of perjury.
What extra step applies to a repair estimate?
With the prehearing statement of proof, forward a statement saying whether the property was repaired and, if so, whether the estimated repairs were made in full or in part, attaching a copy to the receipted bill showing the items of repair and the amount paid.
Can the other side make my document's author testify?
Yes. Any other party may subpoena the author or maker of a document admissible under this rule and examine that person as if under cross-examination. The party who wants the live witness bears the expense.