Texas § FI.66.355 - RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP PROCEEDING

§ FI.66.355. RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP PROCEEDING

RECEIPT OF ITEMS AS EVIDENCE IN RECEIVERSHIP PROCEEDING; CERTIFICATION. (a) A book, record, document, or paper of the association received and held by the receiver during the receivership proceeding or a certified copy of one of those items, under the hand and official seal of the receiver, is admissible as evidence in a case brought by or against the receiver without additional evidence of authenticity except for a certificate of the receiver stating that the item was received from the custody of the association or found among the association's effects. (b) In a case brought by or against the receiver, the receiver may: (1) certify the correctness of a paper, document, or record of the receiver's office, including an item described by Subsection (a); and (2) certify under seal of the receiver to a fact contained in the paper, document, or record in evidence in a case in which the original would be evidence. (c) When admitted into evidence, the original or a certified copy or part of an item described by Subsection (b) becomes prima facie evidence of the facts disclosed in the item. (d) This section applies to a case brought by or against the liquidating agent before the appointment of a receiver as if the case had been brought by or against the receiver. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.