§ 90.058.Evidence of Trust Claims

The evidentiary provision, and it removes the objections that would otherwise keep this material out.

Trust claim material is presumed to be authentic, relevant, and discoverable. And notwithstanding an agreement, including a confidentiality agreement, trust claim material is presumed to not be privileged.

Three presumptions in the first sentence, each answering a distinct objection. Authenticity removes the need to prove the documents are what they appear to be. Relevance removes the argument that a claim against a bankrupt manufacturer has nothing to do with this defendant. Discoverability settles that it must be produced.

The second sentence is the more forceful. Trusts commonly impose confidentiality on submitted materials, and a claimant could otherwise resist production on that basis. The section overrides those agreements by name.

The presumptions are presumptions rather than conclusive rules, so they can be rebutted — but the burden sits with the party resisting.

Subsection (c) preserves the apportionment provision: the section may not be construed to affect the application of Section 33.003, the determination of percentages of responsibility.

That cross-reference states the purpose of the whole subchapter. The trust materials come in because a jury apportioning responsibility among defendants, settling persons, and designated responsible third parties should know which manufacturers the claimant has attributed the disease to elsewhere.