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The Jury Charge

The Jury Charge . TRCP 271-279, 285-289. The Purpose. The charge is the collection of questions, definitions, and instructions the court submits to the jury to resolve the factual disputes in the case. It is the trial court’s responsibility to submit a proper charge. . References.

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The Jury Charge

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  1. The Jury Charge TRCP 271-279, 285-289

  2. The Purpose • The charge is the collection of questions, definitions, and instructions the court submits to the jury to resolve the factual disputes in the case. • It is the trial court’s responsibility to submit a proper charge.

  3. References • 1. O’Connor’s Texas Forms * Civil Trials, 81. • 2. Texas Pattern Jury Charges (State Bar of Texas). • 3. Court’s Charge Reporter (Butterworth 1995). • 4. Barber, Texas Court Charges-Negligence Actions (Butterworth 1993). • 5. Robins, Texas SpecialIssues Forms (Butterworth 2d ed. 1995).

  4. Texas Pattern Jury Charge • Authoritative, but not always correct. • SeeState v. Williams, 940 S.W.2d 583, 584 (Tex. 1996). (erroneous premises liability charge). • When a case is submitted on an erroneous charge from the PJC, the appellate court should reverse and remand, not render. City of San Antonio v. Rodriguez, 931 S.W.2d 535, 536 (Tex.1996).

  5. Preparing a Draft • 1. Each party should prepare a complete version of the charge-including its opponent’s jury questions, instructions, and definitions –before engaging in discovery. • 2. Review and revise just before trial. • 3. Review and revise after the introduction of evidence and before the informal charge conference.

  6. More Stuff • Broad Form Questions ??? • Proper Tender of Request • Examine live pleadings and the evidence before preparing the draft charge

  7. Cluster of related requests • Proper Burden of persuasion • Proper Condition • Proper Damage Questions • Proper measure • Proper Segregation • Proper Tie • Alternative theories of damage

  8. Informal Charge Conference • Deadline for requests • The proposed charge • Time to examine

  9. The Formal Charge Conference • Make a record • Challenging the charge • When to object • When to request –omission in the charge • Court omits a question • Court omits any party’s definition of instruction

  10. When to object or request • Court omits opponent’s question • Court places erroneous burden of persuasion • Short-hand rule to challenge the charge

  11. Deadline to object & request • The charge • Supplemental instructions • Presumption of timeliness

  12. Making the formal request for additions

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