David F. Johnson, in his Texas Fiduciary Litigator Blog, discusses the Texas Supreme Court’s Texas Department of Highways v. Payne.
David F. Johnson presented his paper entitled “Preparing the Charge, The Charge Conference, and Protecting the Charge,” to the State Bar of Texas’s Advanced Civil Appellate Course on September 9, 2020. The presentation covered the history of Texas charge practice regarding the use of broad form and narrow submission questions, the current state of the law on the submission of issues in Texas, preserving error regarding complaints involving broad-form submission, the historical rules of charge preservation of error, the Texas Supreme Court’s Texas Department of Highways v. Payne decision and its impact on charge preservation of error, and the post-Payne precedent on error preservation. This presentation was an updated version of David’s previous law review article: Current Trends in Texas Charge Practice: Preservation of Error and Broad Form Use, 38 ST. MARY’S L.J. 371 (2007) (Co-Authored with William “Bud” Arnot).
To see the full article, click: Presentation: Preparing the Charge, the Charge Conference, and Protecting the Record
To download the full opinion, click Texas Supreme Court’s Texas Department of Highways v. Payne.
Posted by Elise Kim, Managing Associate Editor, Wealth Strategies Journal.