Chapter 19-2 Texas Pattern Jury Charges and Other Sources for the Charge

• Jurisdiction: United States

19-2 Texas Pattern Jury Charges and Other Sources for the Charge

Texas Pattern Jury Charges⁹ is the primary source for anticipating and drafting a proposed charge to the jury in a Texas state court case. "Although we are aware that the Texas Pattern Jury Charges are not 'law', they are heavily relied upon by both the bench and bar. The recommendations made in the Texas Pattern Jury Charges are based on what the committee 'perceives the present law to be.' We were able to locate only one case in which a Texas court has expressly altered a Pattern Jury Charge."¹⁰

In addition to generally applicable instructions, Texas Pattern Jury Charges provides pattern questions and instructions relevant to multiple categories of business tort and contract litigation, including:

• Chapter 10 Agency and Special Relationships
• Chapter 18 Property Damages
• Chapters 60-61 Nonmedical Professional Malpractice
• Chapter 72 Joint and Several Liability
• Chapter 83 Property Damages
• Chapter 84 Economic Damages
• Chapter 85 Exemplary Damages
• Chapter 101 Contracts
• Chapter 102 The Texas Deceptive Trade Practices Act and Chapter 541 of the Texas Insurance Code
• Chapter 103 Good Faith and Fair Dealing
• Chapter 104 Fiduciary Duty
• Chapter 105 Fraud and Negligent Misrepresentation
• Chapter 106 Interference with Existing and Prospective Contract
• Chapter 107 Employment
• Chapter 108 Piercing the Corporate Veil
• Chapter 109 Civil Conspiracy
• Chapter 110 Defamation, Business Disparagement and Invasion of Privacy
• Chapter 115 Damages

Despite the prevalence and broad acceptance of Texas Pattern Jury Charges, the Committee on Pattern Jury Charges of the State Bar of Texas acknowledges that "[t] he infinite combinations of possible facts in contract, consumer, employment, and other business cases make it impracticable for the Committee to offer questions suitable for every occasion" and "occasions will arise for the use of questions and instructions not specifically addressed [in Texas Pattern Jury Charges.]"¹¹

Ultimately, any source which sets forth the legal elements, defenses or definitions applicable to a particular set of facts and cause of action is a potential source of language for the court's charge. Examples of wording for the charge drawn from sources other than Texas Pattern Jury Charges include statutory language,¹² case law,¹³ Restatement authority,¹⁴ and language tailored to fit the evidence presented to the jury.¹⁵ Nevertheless, be aware that the Texas Supreme...