X. CHARGE TO THE JURY

Question 1

A. The Charge

1. Overview

Answer 1

A. The Charge
1. Overview
After the evidence is closed, but before jury argument, the judge “charges the jury.” The charge is a written document that is read to the jury by the judge in open court. The charge includes questions, instructions, and definitions. The court uses the jury’s answers to the questions to decide who wins.

Question 2

B. Complaints to the Charge

1. Basic Requirements
   a. Generally
   b. Preserving Error [February 2006 #20; February 2008 #18; July 2008 #19; February 2011 #17]

Answer 2

B. Complaints to the Charge
1. Basic Requirements
a. Generally
After all the evidence is presented, the attorneys submit to the court what they want in the charge (e.g., questions, instructions, and definitions), and there is an informal discussion of these matters. The court then decides what it wants in the charge and submits the charge to the attorneys for their complaints. At that time, the attorneys must make their complaints “for the record.” After all complaints are made and ruled upon, the charge is read to the jury and argument follows.

b. Preserving Error [February 2006 #20; February 2008 #18; July 2008 #19; February 2011 #17]
There are two basic requirements for properly preserving error:
• all complaints must be made before the charge is read to the jury and outside their presence; and
• all complaints must be ruled on by the judge.

Question 3

B. Complaints to the Charge

2. Two Types of Complaints

Answer 3

2. Two Types of Complaints
   a. At the charge conference, there are two distinct types of complaints:
   • Omissions: Written requests are used to direct attention to omissions of elements in a ground of recovery or defense relied on by the requesting party or the opponent of the requesting party.
   • Defects: Objections are used when a requested question, instruction, or definition is defective.

b. Omissions [July 2008 #19; February 2011 #17]
The attorney must:
request a submission;
tender in writing a substantially correctly-worded question, instruction or definition; and
obtain a ruling.

c. Defects [February 2006 #20; February 2008 #18]
The attorney must:
object to the specific portion of the charge in writing or dictated to the court reporter;
state the basis for the objection; and
obtain a ruling.