PJC Business

PJC 100.8

A DMONITORY I NSTRUCTIONS

PJC 100.8 Circumstantial Evidence (Optional) A fact may be established by direct evidence or by circumstantial evidence or both. A fact is established by direct evidence when proved by documentary evidence or by witnesses who saw the act done or heard the words spoken. A fact is established by circumstantial evidence when it may be fairly and reason ably inferred from other facts proved. COMMENT When to use. PJC 100.8 may be used when there is circumstantial evidence in the case. It would be placed in the charge of the court (PJC 100.3) after the instruction on preponderance of the evidence and immediately before the definitions, questions, and special instructions. For cases defining circumstantial evidence, see Blount v. Bordens, Inc. , 910 S.W.2d 931, 933 (Tex. 1995) (per curiam), and Russell v. Russell , 865 S.W.2d 929, 933 (Tex. 1993). It is not error to give or to refuse an instruction on circumstantial evidence. Larson v. Ellison , 217 S.W.2d 420 (Tex. 1949); Johnson v. Zurich General Accident & Liability Insurance Co. , 205 S.W.2d 353 (Tex. 1947); Adams v. Valley Federal Credit Union , 848 S.W.2d 182, 188 (Tex. App.—Corpus Christi–Edinburg 1992, writ denied).

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