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JURY ISSUES - THE COURT'S CHARGE:
FINAL CHANCE TO GET THE MESSAGE ACROSS
10th Annual Construction Law Conference
February 20 & 21, 1997
Austin, Texas
Richard B. Schellhammer
Goins, Underkofler, Crawford & Langdon, L.L.P.
Dallas, Texas
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Abstract
The importance of jury charge can not be overstated. It plays a crucial role in every jury trial, whether construction related or not. The Court's Charge is the measuring stick against which a lawyers entire presentation of his client's case is evaluated. Unless the lawyer can provide the jury with clear instructions and questions which a lay person can understand, the best presentation of evidence can be lost in the translation. The purpose of this article, then, is to familiarize the practitioner with some practical pointers on how to submit an understandable jury charge, identify defects in the charge, preserve error if an improper charge is submitted and how to handle omitted issues. Finally, because construction cases often deal with issues unique to the construction industry the final section of this paper presents some issues and instructions used by construction lawyers in cases actually tried to juries.
TABLE OF CONTENTS
TABLE OF CONTENTS i
TABLE OF AUTHORITIES iii
I. Scope 1
II. Jury Issues Provide the Framework of Your Case 1
III. Resources 2
a. Texas Pattern Jury Charges 2
b. Michie's Texas Court Charges on CD-ROM 2
c. Computer searches of case law 2
IV. Jury Questions 3
a. Broad Form Required 3
b. Pleadings and Evidence 3
c. Only Ultimate Issues Allowed 3
d. Damages 4
1. Multiple Plaintiffs 4
2. Multiple Theories of Liability 4
3. Damages Issues must include a Measure 4
V. Instructions 4
VI. Definitions 5
VII. The Charge Conference 5
VIII. How to Preserve Error 6
IX. How to Properly Object 8
1. Do's 8
a. Before the Charge is Read to the Jury 8
b. In Front of Judge and Opposing Counsel or in Writing 8
c. Separate and Apart From Any Request 8
d. Distinctly Identify the Defect and Grounds for Objections 8
e. Obtain a Ruling 9
2. Don'ts 9
a. Adopt by Reference 9
b. Voluminous, Unfounded, or Boilerplate Objections 9
X. Objections - The Good, Bad & Ugly 10
a. Good Objections 10
b. Bad Objections 11
c. Meritless or Inadvisable Objections 13
1. Factual Insufficiency 13
2. Immaterial question 13
3. No evidence 13
XI. Requests- How to do it Right 13
a. Before the Charge is Submitted to the Jury 14
b. In Writing 14
c. In Substantially Correct Form 14
d. Raised by Pleadings and Evidence 14
e. Separate and Apart From Other Requests 15
f. Separate and Apart From Any Objections 15
g. Separately marked Refused and Filed with the Court 15
h. Don'ts 16
1. Submit Group Requests 16
i Submit Incomplete Requests 16
j. Submit Defective Requests 17
k. Submit Voluminous Requests 17
1. Comment on the Weight of the Evidence 17
m. Give Instructions About the Law 17
n. Marshal the Facts 17
XII. Jury Questions 18
XIV. Conclusion 18
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