pjc-family-2024-lib

INTRODUCTION

1. P URPOSE OF P UBLICATION The purpose of this volume is to assist the bench and bar in preparing the court’s charge in jury cases. It provides definitions, instructions, and questions needed to submit jury charges in family law, probate, guardianship, trust, and involuntary commitment cases. The pattern charges are suggestions and guides to be used by a trial court if they are applicable and proper in a specific case. Of course, the exercise of professional judg ment by the attorneys and the judge is necessary to resolve disputes in individual cases. 2. S COPE OF P ATTERN C HARGES It is impossible to prepare pattern charges for every factual setting that could arise in a family law case or a case involving probate, guardianship, trusts, or involuntary com mitments. The Committee has tried to prepare charges that will serve as guides in most situations frequently encountered in these cases. However, a charge should conform to the pleadings and evidence of the particular case, and occasions will arise for the use of questions and instructions not specifically addressed here. The Committee believes the submission of advisory jury questions, which may unduly lengthen the court’s charge, is generally inappropriate. For this reason, the Com mittee has not formulated jury questions or instructions seeking advisory opinions. Certain topics that are conceptually difficult or of remote usefulness have been reserved for possible future coverage. These topics include alimony, putative marriage, homestead, most actions involving third parties, wills not produced in court, and most intrafamily torts. Coverage of parentage actions, formerly contained in chapter 219 of this book, has been deleted to reflect 1999 amendments to the Texas Family Code providing that a party may not demand a jury trial in a suit to determine parentage under chapter 160 of the Code. Tex. Fam. Code §105.002(b)(2). Section 105.002(b)(2) was enacted in response to 42 U.S.C. §666(a)(5)(I), which provides that, to satisfy requirements relat ing to federal child support subsidies, states must have in effect laws requiring the use of procedures “providing that the parties to an action to establish paternity are not entitled to a trial by jury.” 3. U SE OF A CCEPTED P RECEDENTS The Committee has avoided recommending changes in the law and has based this material on what it perceives the present law to be. Of course, trial judges and practi tioners should recognize that the Committee may be in error in its perceptions and that its recommendations may be affected by future appellate decisions and statutory changes.

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