PJC Business

I NTRODUCTION

foresee theories and objections that might be made in a variety of circumstances but not to express favor or disfavor for particular positions. In unsettled areas, the Committee generally has not taken a position on the exact form of a charge. However, it has pro vided guidelines in some areas in which there is no definitive authority. Of course, trial judges and attorneys should recognize that these recommendations may be affected by future appellate decisions and statutory changes. 4. P RINCIPLES OF S TYLE a. Preference for broad-form questions. Tex. R. Civ. P. 277 provides that “the court shall, whenever feasible, submit the cause upon broad-form questions.” Accordingly, the basic questions are designed to be accompanied by one or more instructions. See Tex. R. Civ. P. 277–78. For further discussion, see PJC 116.2 regarding broad-form issues and the Casteel doctrine. b. Simplicity. The Committee has sought to be as brief as possible and to use lan guage that is simple and easy to understand. c. Definitions and instructions. The supreme court has disapproved the practice of embellishing standard definitions and instructions, Lemos v. Montez , 680 S.W.2d 798 (Tex. 1984), or of adding unnecessary instructions, First International Bank v. Roper Corp. , 686 S.W.2d 602 (Tex. 1985). The Committee has endeavored to adhere to stan dard definitions and instructions stated in general terms rather than terms of the particu lar parties and facts of the case. If an instruction in general terms would be unduly complicated and confusing, however, reference to specific parties and facts is suggested. d. Placement of definitions and instructions in the charges. Definitions and instructions that apply to a number of questions should be given immediately after the general instructions required by Tex. R. Civ. P. 226a. See Woods v. Crane Carrier Co. , 693 S.W.2d 377 (Tex. 1985). However, if a definition or instruction applies to only one question or cluster of questions (e.g., damages questions), it should be placed with that question or cluster. Specific guidance for placement of definitions and instructions can be found in the individual PJCs and comments. e. Burden of proof. As authorized by Tex. R. Civ. P. 277, it is recommended that the burden of proof be placed by instruction rather than by inclusion in each question. When the burden is placed by instruction, it is not necessary that each question begin: “Do you find from a preponderance of the evidence that ...” The admonitory instruc tions contain the following instruction, applicable to all questions: Answer “yes” or “no” to all questions unless you are told otherwise. A “yes” answer must be based on a preponderance of the evidence [unless you are told otherwise]. Whenever a question requires an answer other than “yes” or “no,” your answer must be based on a pre ponderance of the evidence [unless you are told otherwise]. The term “preponderance of the evidence” means the greater weight

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