pjc-oil-and-gas-2022-lib

PJC 300.4

A DMONITORY I NSTRUCTIONS

PJC 300.4

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 300.4 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 300.3. Source of instruction. The foregoing instructions are prescribed in Tex. R. Civ. P. 226a. Actions filed before September 1, 2003. For actions filed before September 1, 2003, add the following instruction derived from Hyman Farm Service, Inc. v. Earth Oil & Gas Co. , 920 S.W.2d 452 (Tex. App.—Amarillo 1996, no writ), along with sig nature lines for jurors to use if the verdict is not unanimous: I shall now give you additional instructions that you should care fully and strictly follow during your deliberations.

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