Does Texas Rule of Evidence 105(b)(1) apply in bench trials?

Q: Does Texas Rule of Evidence 105(b)(1) apply in bench trials?

Lane Ivy v. Sandy Kay Butler: Never rely on the 'presumption' that a judge in a bench trial will only consider evidence for its proper purpose. If evidence is admissible for one narrow reason but inadmissible for another, you must affirmatively request a Rule 105 restriction on the record; otherwise, a 'blanket objection' will fail to preserve your error for appeal.

This question has been addressed in 1 Texas court opinion:

Lane Ivy v. Sandy Kay Butler

COA07 — January 28, 2026

In a civil bench trial involving the death of Charlesetta Telford, the plaintiff introduced a recorded confession from one defendant that heavily implicated a co-defendant, Billy Glenn Ivy, Jr. Although the recording was admissible against the confessing party, Ivy's counsel only raised 'blanket' hearsay objections rather than asking the court to limit the evidence's scope. The Amarillo Court of Appeals analyzed Texas Rule of Evidence 105(b)(1), concluding that the mandatory requirement to request a limiting instruction or restriction applies even when a jury is not present. The court held that by failing to specifically request that the judge restrict the evidence to its proper purpose, the objecting party waived the right to complain about the evidence being considered against them on appeal.

Litigation Takeaway

“Never rely on the 'presumption' that a judge in a bench trial will only consider evidence for its proper purpose. If evidence is admissible for one narrow reason but inadmissible for another, you must affirmatively request a Rule 105 restriction on the record; otherwise, a 'blanket objection' will fail to preserve your error for appeal.”