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PJC 200.4

A DMONITORY I NSTRUCTIONS

PJC 200.4

Additional Instruction for Bifurcated Trial [Brackets indicate optional, alternative, or instructive text.]

MEMBERS OF THE JURY: In discharging your responsibility on this jury, you will observe all the instructions that have been previously given you.

JUDGE PRESIDING

Certificate I certify that the jury was unanimous in answering the following questions. All twelve [six] of us agreed to each of the answers. The presiding juror has signed the certificate for all twelve [six] of us. [Judge to list questions that require a unanimous answer, including the predicate liability question.]

Signature of Presiding Juror

Printed Name of Presiding Juror

COMMENT When to use. PJC 200.4 should be used as an instruction for the second phase of a bifurcated trial pursuant to Tex. Civ. Prac. & Rem. Code §41.009. See also Trans portation Insurance Co. v. Moriel , 879 S.W.2d 10, 29–30 (Tex. 1994). If questions that do not require unanimity are submitted in the second phase of a trial, use the verdict certificate in PJC 200.3. Source of instruction. The foregoing instructions are prescribed in Tex. R. Civ. P. 226a. Modification of additional certificate. The additional certificate set forth in Tex. R. Civ. P. 226a lists the questions that require unanimous answers for an award of exemplary damages and requires the presiding juror to sign the certificate only if the jury answered unanimously to all of the listed questions. This format may require modification in cases involving multiple claims and/or multiple parties. In such cases, the jury’s answers might be unanimous as to some but not all of the listed questions,

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