Rule 276.Refusal or Modification
Last amended January 1, 1988 · Last verified June 28, 2026
Full Text of Rule 276
Plain-English Summary
Rule 276 protects a party whose requested instruction, question, or definition is rejected. When a proper request is refused, the judge endorses it “Refused” and signs it officially; when modified, the judge endorses “Modified as follows,” states the change, notes that exception is allowed, and signs.
The payoff is preservation. A request so endorsed constitutes a bill of exceptions, and it is conclusively presumed that the party presented it at the proper time, excepted to the refusal or modification, and met all requirements of law — so the party can have the ruling reviewed on appeal without preparing a formal bill of exceptions.
Frequently Asked Questions
How is a refused jury instruction preserved for appeal in Texas?
Under Rule 276, the judge endorses the request “Refused” (or “Modified”) and signs it. That endorsed request is a bill of exceptions that preserves the complaint without a formal bill.
What must the judge write on a modified jury instruction in Texas?
“Modified as follows,” stating the particular change, followed by a note that exception is allowed, then the judge's signature. Rule 276 requires that endorsement before the instruction can serve as a bill of exceptions.
Do you need a separate bill of exceptions for a refused Texas jury instruction?
No. Rule 276 makes the judge's endorsed “Refused” or “Modified” request itself a bill of exceptions, conclusively presumed timely presented and properly excepted to — no formal bill is required.