Form 20-15

If during the trial (usually after both sides have rested) it appears to the court that the evidence conclu­sively proves that the plaintiff is entitled to judgment as a matter of law, based either on the plaintiff’s motion or on the court’s own motion, the court can instruct the jury to return a verdict or can discharge the jury and render judgment. An oral motion is permissible but should later be put in writing and entered in the record. The motion must state the specific grounds for a directed verdict. Tex. R. Civ. P. 268. See form 20-13 in this chapter for a judgment based on a bench trial and form 20-14 for a judg­ment based on a jury verdict. See sections 20.10 and 20.11 on judgment interest. See section 1.29 in this manual for a discussion of attorney’s fees for appellate proceedings.

[Caption. See § 3 of the Introduction in volume 1 of this manual.]

Judgment

[Based on Directed Verdict]

At the hearing on this cause, all parties appeared through their attorneys of record and announced that they were ready for trial.

A jury was duly accepted, impaneled, and sworn. After [Plaintiff/both sides] rested, Plaintiff moved for a directed verdict. The Court has considered the pleadings and official records on file in this cause, the evidence, and the arguments of counsel and is of the opinion that Plaintiff’s motion should be granted and that judgment should be rendered for Plaintiff as a matter of law.

It is accordingly ADJUDGED that [name of plaintiff], Plaintiff, recover from [name of defendant], Defendant, judgment for—

1.$[amount] as the principal amount due;

2.$[amount] as interest on the principal amount through the day before the date of judgment;

3.$[amount] as attorney’s fees through the date of judgment;

4.additional attorney’s fees in the amount of $[amount] if Defendant files a Motion for New Trial, plus the amount of $[amount] if an appeal of this cause is made to the court of appeals, plus the amount of $[amount] in the event either party files a Petition for Review in the Texas Supreme Court, plus the amount of $[amount] in the event the Petition for Review is granted, plus the amount of $[amount] in the event that either party seeks rehearing in the Texas Supreme Court, and all posttrial attorney’s fees awarded in this paragraph are contin­gent on Plaintiff’s prevailing;

5.$[amount] for costs of court; and

6.interest at the rate of [percent] percent per year on the total judgment from the date of judgment until paid.

It is ORDERED that Plaintiff shall have all writs of execution and other process neces­sary to enforce this judgment.

This judgment finally disposes of all parties and all claims and is appealable.

SIGNED on ________________________________.

   
JUDGE PRESIDING

APPROVED AS TO FORM:

   
[Name]
Attorney for [name of plaintiff]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]

   
[Name]
Attorney for [name of defendant]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Telecopier]