ESIS, Inc., Servicing Contractor v. Johnson

In ESIS, Inc., Servicing Contractor v. Johnson, 908 S.W.2d 554 (Tex. App.--Fort Worth 1995, writ denied), the court of appeals considered whether the trial court abused its discretion by admitting into evidence a copy of the Commission Appeals Panel opinion, which was not certified or authenticated under the Texas Rules of Evidence. See ESIS, 908 S.W.2d at 560-61. Relying on section 410.306(b), the ESIS court held that, to be admissible under section 410.306(b), the opinion had to comply with the Texas Rules of Evidence when proffered at trial. See ESIS, 908 S.W.2d at 560. Because the copy of the Appeals Panel opinion had not been properly certified or authenticated under the evidence rules, the court of appeals concluded that the trial court abused its discretion by admitting it into evidence. See ESIS, 908 S.W.2d at 560. In doing so, the court applied the Rules of Evidence on authentication of public records. See ESIS, 908 S.W.2d at 561; TEX. R. EVID. 902, 1005. But the ESIS court did not hold that the other evidentiary rules do not apply to the Commission record or parts of it when offered at trial.