Rule 271.Charge to the Jury
Last amended January 1, 1988 · Last verified June 28, 2026
Full Text of Rule 271
Plain-English Summary
Rule 271 sets the foundation for jury instructions. Unless the parties expressly waive it, the trial court must prepare a written charge and deliver it to the jury in open court. The written-charge requirement underlies the objection and preservation rules that follow.
Frequently Asked Questions
Does a Texas jury charge have to be in writing?
Yes. Under Rule 271, unless the parties expressly waive it, the court must prepare and deliver a written charge to the jury in open court.
Can the parties waive a written jury charge in Texas?
Yes. Rule 271 requires a written charge unless the parties expressly waive it. Without an express waiver, the trial court must prepare one and deliver it in open court.
Does counsel prepare the Texas jury charge?
No. Rule 271 places that duty on the trial court, which must prepare a written charge and deliver it to the jury in open court unless the parties expressly waive it. Parties may request specific language under Rule 273, but the court decides what goes into the charge.