Podcast Summary: Texas Family Law Insiders

Episode: “Spenser Housewright | Master Evidence Rules for Courtroom Success”

Host: Holly Draper
Guest: Spenser Housewright
Release Date: March 12, 2025

Episode Overview

This episode dives into the essential topic of evidence in family law litigation, focusing on both practical and strategic aspects of getting evidence admitted—or keeping it out—in Texas courts. Host Holly Draper interviews Spenser Housewright, a seasoned family law attorney from Plano, about mastering the Texas Rules of Evidence, authentication, hearsay, business records, text messages, objections, and tailoring tactics to different judges. The conversation is candid and filled with real-world tips, stories, and best practices for attorneys at all experience levels, with particular guidance for young lawyers.

Key Discussion Points & Insights

1. The Crucial Role of Evidence in Family Law

• Evidence as the Heart of a Case:

  • "I think evidence is crucial. I think it's the most important part of a case because it's essentially what you use to prove that something is true or not true." – Spenser Housewright [00:00]
  • Without evidence, there’s no case. Mastery of rules about admissibility can win or lose a trial.

• Rules Flexibility in Family Law:

  • Judges in family law often have discretion and may relax evidence rules—particularly if it relates to the best interest of children.
  • "Judges are more lenient with the rules of evidence. And ultimately, if they do want to hear something, they'll let it in… because they have to do what's in the best interest of the children." – Spenser Housewright [02:46]

2. Knowing Your Judge and Jurisdiction

• Varying Judicial Styles:

  • The temperament and tendencies of a judge significantly impact rulings on evidence.
  • "It's so important to know the judge that you're going to be going in front of and what are their tendencies, how much are they going to let things in that shouldn't be getting in, how much are they going to keep things out…" – Holly Draper [03:41]

• Being Prepared to Educate the Judge:

  • Sometimes, both attorneys and judges need to reference the rules directly in court. The panel emphasizes keeping rules handy for quick reference.
  • Real-life anecdote: Housewright describes a humiliating experience when attorneys struggled with evidence admission, leading to courtroom embarrassment and client distress [05:40].

3. Strategic Selection of Evidence

• Quality Over Quantity:

  • Attorneys often face time limits (e.g., 20 minutes per side in Collin County). Selection should be purposeful and focused on the ultimate case theme.
  • "You have to pick out the best things. I only put in evidence, obviously, that is going to help my case tremendously." – Spenser Housewright [07:03]

• Avoiding Harmful or Staged Recordings:

  • Caution against using client-provided recordings that inadvertently hurt their own case [08:36].
  • "Sometimes I'll have clients give me a recording and I'll play the recording and the recording will make my client look just as bad sometimes, if not crazier than their spouse." [08:36]

4. Authentication and Admissibility Tactics

• Photographs:

  • Use purposefully—best if demonstrating parental involvement or refuting claims of non-involvement [11:03].
  • Authenticating Photos:
    • Familiarity with the scene and confirming no alteration usually suffices.
    • Housewright recounts a case where a TikTok video was excluded due to improper authentication [13:57].

• Business Records & Affidavits:

  • Business record affidavits are essential, but require strict adherence to timing (must be filed 14 days before trial) [16:28].
  • Even with an affidavit, double-check for hearsay within records.
  • Common uses: medical records, police reports, CPS records. Often prudently supported both with affidavits and live testimony [19:22].

• Text Messages:

  • Technical extraction tools like iMazing produce PDFs with robust metadata for easier authentication [21:38].
  • Important: Screenshots often lack dates/numbers—prepare clients accordingly.

5. Handling Hearsay & Exceptions

• Understanding and Applying Exceptions:

  • Present sense impression, excited utterance, state of mind, and medical treatment are commonly used exceptions [28:46].
  • Business record affidavits don’t automatically cure “hearsay within hearsay”—an area of frequent error.

• Importance of Offers of Proof:

  • If evidence is excluded, always request to make an offer of proof to preserve appeal rights.
  • "If you can't get something in, you have to ask to make an offer proof… you lose your ability to appeal on its exclusion if you do not make an offer of proof." – Holly Draper [31:56]

6. Objection Strategies: Making Them Count

• Pick Your Battles:

  • Over-objecting can backfire—may alienate jury and judge, dilute impact, or result in “splitting the baby” by judges [35:50].
  • Some objections must be made repeatedly for the record, despite risk of annoyance (e.g., repeated improper questions or testimony) [37:46].

• Favorite and Effective Objections:

  • Speculation: Prevents witnesses from guessing about others’ thoughts or intent.
  • Relevance: Useful for excluding old/divorced issues in modification proceedings.
  • Non-Responsive: Powerful during cross-examination to keep testimony tight [39:40].

Notable Quotes & Memorable Moments

• “Everyone kind of makes fun of me for just trying to prepare so much for [evidence]. But... it can get humiliating if you don’t know how to get it in.” – Spenser Housewright [05:40]
• “Sometimes I’ll have clients give me a recording and... it will make my client look just as bad, sometimes, if not crazier, than their spouse. And I have to tell them I don’t think it’s a good idea to play this.” – Spenser Housewright [08:36]
• “If you can get a live witness, and you know that witness is going to be good for you, make sure to call them, because it’s better to get that in... than to have it exclude it altogether.” – Spenser Housewright [31:00]
• “If you can’t get something in, you have to ask to make an offer proof... you lose your ability to appeal on its exclusion if you do not make an offer of proof.” – Holly Draper [31:56]
• “Over-objecting can backfire... the jury’s thinking, ‘What does this lawyer not want us to know?’” – Spenser Housewright [35:50]
• “I love the non-responsive objection... I coach mock trial... and I’m always telling the kids... nobody ever uses this effectively in mock trial.” – Holly Draper [40:45]

Timestamps for Major Segments

• 00:00 — Importance of Evidence in Family Law
• 03:41 — The Judge’s Role and Knowing Their Style
• 05:40 — Real-World Embarrassment: The Importance of Being Prepared
• 07:03 — Selecting Evidence Under Time Constraints
• 11:03 — The Use of Photographs to Paint Parent-Child Relationships
• 13:57 — Authentication Challenges: Social Media Videos
• 16:28 — Business Record Affidavits: Best Practices
• 21:38 — Managing and Authenticating Text Messages
• 28:46 — Hearsay Exceptions: What Works in Family Law
• 31:56 — Offers of Proof: Preserving Issues for Appeal
• 35:50 — Objection Philosophy: Quality Over Quantity
• 39:40 — Favorite Objections and Tips
• 43:01 — Spenser’s Advice for Young Lawyers

Spenser Housewright’s Advice for Young Lawyers

"Just be prepared and know the rules of evidence and know what you’re trying to get in before your hearing… Know how to keep evidence out that you don’t want in and just know that it takes time… With practice and repetition, you get so much better the more you do it… be patient with yourself and keep learning and growing." [43:01]

Learn More

• Spenser Housewright, Shapiro Law Firm: www.theshapirolawfirm.com

This episode is a treasure trove of practical advice on Texas family law evidence, blending rule mastery, real courtroom stories, and strategic wisdom. Whether you are a new or experienced lawyer, you'll find actionable takeaways to elevate your trial skills and courtroom confidence.