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Include the following notice if a minor is named in the caption or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
Objections to Jury Charge
[Name], [Petitioner/Respondent], through [his/her] counsel of record and in accordance with rules 272 through 279 of the Texas Rules of Civil Procedure, [include if applicable: dictating to the court reporter in the presence of the Court and opposing counsel] before the charge is read to the jury, presents to the Court the following individual and separate objections to the charge:
1.The charge has not been signed by the judge as required by rule 272 of the Texas Rules of Civil Procedure and is therefore not a part of the record of this case.
2.The charge has not been filed with the clerk as required by rule 272 of the Texas Rules of Civil Procedure and is therefore not a part of the record of this case.
3.The charge has not been presented to counsel for inspection as required by rule 272 of the Texas Rules of Civil Procedure and is therefore not a part of the record of this case.
4.A reasonable time has not been given to counsel in which to examine and present exceptions to the charge as required by rule 272 of the Texas Rules of Civil Procedure, and the charge is therefore not a part of the record of this case.
5.Objection is made to Question [number] because there are no pleadings to support the submission of the question, in that [specify].
6.Objection is made to Question [number] because there is no evidence to support the submission of the question, in that [specify].
7.Objection is made to Question [number] as being defective because
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Select as applicable. |
it duplicates Question [number], which is already included in the Court’s charge, in that [specify].
it is a mere shade or phase of Question [number], which is already included in the Court’s charge, in that [specify].
it improperly places the burden of proof on [name].
it comments directly on the weight of the evidence, in that [specify].
it advises the jury of the effect of its answer, in that [specify].
it is not apparent from the evidence that one or the other of the conditions or facts inquired about necessarily exists so as to warrant a disjunctive submission, in that [specify].
it is not an issue controlling the disposition of the case, in that [specify].
there is no showing that this is a special proceeding in which the pleadings are specially defined by statutes or procedural rules that would entitle [name of other party] to an affirmative submission of the issue by general denial, in that [specify].
8.The instruction [specify] is defective in that [specify], and [name of objecting party] has previously requested, tendered, and been refused a substantially correct instruction.
9.The definition of “[term]” is defective in that [specify]. “[Term]” should, in fact, be defined as [specify].
10.[Name of objecting party] objects to the Court’s failure to submit a question on [specify subject, e.g., cruel treatment on the part of John Doe]. [Name of objecting party] has pleaded [specify ground, e.g., cruel treatment], and there is sufficient evidence to support the submission of the question in that [specify]. [Name of objecting party] has previously requested, tendered, and been refused a substantially correct question on [specify ground, e.g., cruel treatment].
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Include 11., if applicable, to avoid deemed finding under Tex. R. Civ. P. 279. |
11.[Name of objecting party] objects to the Court’s failure to submit a question on [specify subject], which is an element of the ground of recovery for [name of other party].
12.[Name of objecting party] objects to the Court’s failure to submit a [definition/instruction] on [specify subject], in that [specify]. [Name of objecting party] has previously requested, tendered, and been refused a substantially correct [definition/instruction] on [specify subject].
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Continue with the following. |
[Name]
Attorney for [name]
State Bar No.:
[E-mail address]
[Address]
[Telephone]
[Fax]
Ruling
The Court SUSTAINS the foregoing objection[s] numbered [number[s]].
The Court OVERRULES the foregoing objection[s] numbered [number[s]].
SIGNED on ________________________________.
JUDGE PRESIDING