Plaintiff's jury instructions and jury charge: whistleblower case (State Court)

[Style of Case]

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff _____ (hereafter "Plaintiff") files these Proposed Jury Instructions and Jury Charge. Plaintiff reserves the right to amend its Proposed Jury Instructions and Jury Charge after the close of evidence and after review of the Proposed Jury Instructions and Jury Charges submitted by each party.

Respectfully submitted,

[FIRM NAME]

ATTORNEYS FOR PLAINTIFF

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing pleading has been forwarded to all counsel of record pursuant to the Texas Rules of Civil Procedure, this _____ day of [month, year].

_______________________________________

PLAINTIFF'S REQUESTED INSTRUCTION NO. _____

(INSTRUCTIONS TO JURY PANEL BEFORE VOIR DIRE EXAMINATION)

LADIES AND GENTLEMEN OF THE JURY PANEL:

The case that is now on trial is _____ v. CITY OF _____ and _____. This is a civil action which will be tried before a jury. Your duty as jurors will be to decide the disputed facts. It is the duty of the judge to see that the case is tried in accordance with the rules of law. In this case, as in all cases, the actions of the judge, parties, witnesses, attorneys, and jurors must be according to law. Texas law permits proof of any violation of the rules of proper jury conduct. This means that jurors and others may be called upon to testify in open court about acts of jury misconduct. I instruct you, therefore, to follow carefully all instructions which I am now going to give you, as well as others which you will receive while this case is on trial. If you do not obey the instructions I am about to give you, it may become necessary for another jury to re-try this case, thus wasting your time here and costing the litigants and the taxpayers of this county the expense of another trial. Your instructions are as follows:

1. Do not mingle with or talk to the lawyers, the witnesses, the parties, or any other person who might be connected with or interested in this case, except for casual greetings. They have to follow these same instructions and you should understand when you do.

2. Do not accept from, or give to, any of those persons any favors, however slight, such as rides, food, or refreshments.

3. Do not discuss anything about this case, or even mention it to anyone, including your wife or husband, or permit anyone to mention it in your presence until you are discharged as jurors or excused from this case. If anyone attempts to discuss the case, report it to me at once.

4. The parties, through their attorneys, have the right to direct questions to each of you concerning your qualifications, background, experiences, and attitudes. In questioning you, they are not meddling in your personal affairs, but are trying to select fair and impartial jurors who are free of any bias or prejudice in this particular case.

   a. Do not conceal information or give answers which are not true. Listen to the questions and give full and complete answers.

   b. If the attorneys ask questions directed to you as a group which require an answer on your part individually, hold up your hand until you have answered the questions.

   Do you understand these instructions? If not, please let me know now.

   Whether you are selected as a juror for this case or not, you are performing a significant service which only free people can perform. We shall try the case as quickly as possible, consistent with justice, which requires a careful and correct trial. If selected on the jury, unless I instruct you differently, you will be permitted to separate at recesses and for meals, and at night.

   The attorneys will now proceed with their examination.

   GIVEN: _____________________

   REFUSED: _____________________

   SIGNED this _____ day of [month, year].

   ____________________________________

   JUDGE PRESIDING

   Supporting Authority:

   Texas Pattern Jury Charge 1.01

   PLAINTIFF'S REQUESTED INSTRUCTION NO. _____

   (INSTRUCTIONS TO JURY AFTER JURY SELECTION)

   LADIES AND GENTLEMEN:

   By the oath which you take as jurors, you become officials of this court and active participants in the public administration of justice. I now give you further instructions which you must obey throughout this trial.

   It is your duty to listen to and consider the evidence and to determine fact issues later submitted to you, but I, as judge, will decide matters of the law. You will now receive written instructions which you will observe during this trial, together with such other information as I may hereafter give, or as I have given to you previously.

   As you examine the instructions which have just been handed to you, we will go over them briefly together. The first three instructions have previously been stated, and you will continue to observe them throughout the trial. These and the other instructions just handed to you are as follows:

1. Do not mingle with or talk to the lawyers, the witnesses, the parties, or any other person who might be connected with or interested in this case, except for casual greetings. They have to follow these same instructions and you should understand when you do.

2. Do not accept from, or give to, any of those persons any favors, however slight, such as rides, food, or refreshments.

3. Do not discuss anything about this case, or even mention it to anyone, including your wife or husband or permit anyone to mention it in your presence until you are discharged as jurors or excused from this case. If anyone attempts to discuss the case, report it to me at once.

4. Do not even discuss this case among yourselves until after you have heard all of the evidence, the court's charge, the attorneys' arguments, and until I have sent you to the jury room to consider your verdict.

5. Do not investigate the facts of this case. Occasionally we have a juror who privately seeks out information about a case on trial. This is improper. All evidence must be presented in open court, so that each side may question the witnesses and make proper objections. This avoids a trial based upon secret evidence. These rules apply to jurors the same as they apply to the parties and to me. If you...