Where Do I Start in Drafting a Civil Jury Charge

01 March 2014 Publication
Authors: Stacy R. Obenhaus

Dallas Bar Association Headnotes

This article is what I wish someone had written for me 100 jury charges ago, before drafting my first charge, answering key questions like “where do I start?” and “what next?” There is no one way to do it, certainly, but here is what generally works for me.

First, gather the live pleadings; any summary judgment/dismissal orders; and discovery responses addressing damages theories (disclosures, expert reports, etc.). With these you can determine the range of possible claims, defenses and issues remaining for trial.

Second, determine what purpose your document will serve. Get the judge’s specific requirements, if any, from the court’s website or scheduling order. If the court ordered an exchange of drafts before trial, your task may simply be to get something resembling a charge to opposing counsel by the deadline. If the court wants a proposed joint charge to work on during trial, that may demand more effort. If the draft is for the charge conference, or if it is part of a pretrial order under Federal Rule of Civil Procedure 51, you need a very precise product. In state court you might prepare the document following Texas Rule of Civil Procedure 276.

Read More.

 

Insights

FTC shuts down bogus debt collectors of “phantom debt”!
28 September 2021
Internet, IT & e-Discovery Blog
COVID-19 Vaccinations Required for Covered Contractors by December 8, 2021
28 September 2021
Legal News: Government Solutions & Government Procurement
Foley Weekly Automotive Report
28 September 2021
Coronavirus Resource Center:Back to Business
Podcast Episode 65: Justin Talbot, Senior Patent Agent
28 September 2021
Foley Career Perspectives
17th Annual IP Conference
12 November 2021
Chicago, IL
HLTH Conference 2021
17-20 October 2021
Boston, MA
Supply Chain and Sustainability Summit
12 October 2021
Webinar
30th Annual Law of Product Distribution & Franchise Seminar
7 & 20 October | 3 November 2021
Webinar