§ 22.025.Notice
Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 22. Witnesses · Subchapter C. Journalist's Qualified Testimonial Privilege in Civil Proceedings · Last amended 2009 · Last verified August 29, 2026
Full Text of § 22.025
Plain-English Summary
The procedural safeguard, and it governs the order itself rather than the test.
An order to compel may be issued only after timely notice to the journalist, the journalist's employer, or a person with an independent contract with the journalist, and a hearing.
The requirement for the order is the substantive part. It must include clear and specific findings as to the showing made by the person seeking disclosure, and the clear and specific evidence on which the court relied.
Two things must appear on the face of the order: the findings, and the evidence supporting them. A conclusory order reciting that the six factors were satisfied does not comply.
The purpose is appellate. An order compelling a journalist to disclose a source is effectively unreviewable after compliance — once the source is named, no appellate remedy restores the confidence. Requiring the trial court to set out its reasoning and its evidence makes meaningful review possible before disclosure occurs.
The notice requirement lists the same three recipients as the disclosure section, so whoever may be compelled is entitled to be heard first.
Frequently Asked Questions
What must an order compelling a journalist to disclose contain?
Clear and specific findings as to the showing made by the person seeking disclosure, and the clear and specific evidence the court relied on.
Is a hearing required?
Yes. The order may be issued only after timely notice and a hearing.
Why must the findings be written out?
Because disclosure cannot be undone. Detailed findings make review possible before the source is revealed.
Amendment History
- Added by Acts 2009, 81st Leg., R.S., Ch. 29 (H.B. 670), Sec. 1, eff. May 13, 2009.