How to Prepare Evidence for Texas Family Court

Why evidence preparation matters

In a Texas family law hearing, the judge decides based on the evidence admitted into the record. A fact that is not supported by admitted evidence is a fact the judge cannot consider. Preparation — organizing, authenticating, and knowing the rules for introducing your documents — is the difference between a persuasive presentation and a frustrating experience at the podium.

Types of evidence in Texas family court

• Documentary evidence — Text messages, emails, pay stubs, bank statements, medical records, school records, police reports
• Testimonial evidence — Your own sworn testimony and witnesses you call to testify
• Photographs and videos — Images of injuries, living conditions, or relevant events
• Affidavits — Sworn written statements from witnesses who cannot attend in person (subject to hearsay rules)
• Records obtained by subpoena — Employment records, phone records, or medical records obtained through the court process

Organizing your exhibits

Before your hearing, organize all documents you intend to introduce as exhibits:

1. Label each exhibit with a tab — “Petitioner's Exhibit 1,” “Petitioner's Exhibit 2,” etc. Number sequentially.
2. Make three copies of each set — One for yourself, one for opposing counsel, and one for the court. Arrive with all copies ready.
3. Create an exhibit list — A single page listing each exhibit number, description, and date. Hand this to the court reporter when you arrive.
4. Know what you need each exhibit to prove — Each exhibit should connect to a specific fact you need to establish. If you cannot explain why an exhibit matters, reconsider whether to include it.

Authenticating your documents

Under the Texas Rules of Evidence, most documents must be authenticated before they can be admitted — meaning you must show the document is what you say it is. For common family law documents:

• Text messages and emails — Testify that the exhibit is a true and accurate screenshot or printout of the communication, identify the sender and recipient, and explain how you preserved it
• Bank and financial records — Self-authenticating if obtained directly from the institution with a business records certification; otherwise, a custodian of records must testify
• Photographs — A witness with personal knowledge testifies that the photo is a fair and accurate representation of the scene depicted

Discovery tools available to you

If the other party has documents you need, you can use the formal discovery process to obtain them:

• Request for Production — Ask the other party to produce specific documents (pay stubs, bank statements, tax returns, phone records)
• Interrogatories — Written questions the other party must answer under oath
• Requests for Admission — Ask the other party to admit or deny specific facts; unanswered requests are deemed admitted after 30 days
• Subpoena duces tecum — Court order requiring a third party (employer, bank, school) to produce records

What not to do with evidence