Tx Civil Procedure: Charge To The Jury

Front 1

After close of evidence and before jury argument, judge "charges the jury." Charge is a written document read to jury by judge in open court.

Special verdict or a special issue charge asks the jury fact questions. Charge includes questions, instructions, and definitions. Court uses the jury's answers to decide who wins [TX approach]

Back 1

Offense Questions: all elements of an independent ground of recovery in one question (broad-form)

Defensive Questions: If submitted in broad-form, must be accompanied by appropriate instructions concerning a specific affirmative D.

Front 2

Instructions

Statement of a rule of law that the jury must understand to deal w/submitted question.

Definition: interpretation of word/phrase. Words w/meanings not commonly known to lay persons, or technical/scientific terms, or words w/meanings other than ordinary use, should be defined in charge.

Back 2

In tort, definitions may be appropriate for economic damages, exemplary damages, gross negligence, malice.

ORDINARY CARE: degree of care used by person of ordinary prudence under same/unfamiliar circumstances.

Front 3

Complaints to the Charge

After all evidence presented, attorneys submit to the court what they want in the charge; informal discussion. Court decides and submits charge to attorneys for complaints. Attorneys must make complaints 'for the record.' After all complaints made and ruled on, charge is read to jury and argument follows.

Back 3

* 2 req's for properly preserving error:

1) All complaints must be made before charge is read to jury and outside their presence; and
2) All complaints must be ruled on by the judge

Front 4

Omissions: Written requests used to direct attention to omissions of elements in ground of recovery or defense relied on by requesting party or to secure addition of instructions or definitions

Attorney must:
- request a submission;
- tender in writing a substantially correctly worded question, instruction or definition; and obtain a ruling

Back 4

- If trial court refused request, judge endorses "refused" and signs
- If trial court modified request, judge endorses "modified" and indicates in what manner it has been modified and signs

When so endorsed, refused/modified questions, instructions or definitions constitute a bill of exceptions preserving error for appeal.

Front 5

Defects: Objections used when a submitted question, instruction, or definition is defective or when a necessary element of opponent's theory of recovery or defense is omitted

Attorney must:
- object to specific portion in writing or dictated to court reporter;
- state basis for objection; and obtain a ruling

Back 5

If in writing, judge endorses her rulings on the writing.
If dictated, the judge announces her ruling by dictating ruling to court reporter.