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Rule 276. Refusal or Modification

TEXT

When an instruction, special issue, definition or explanatory instruction is requested and the provisions of the law have been complied with and the trial judge refuses the same, he shall indorse thereon "Refused," and sign the same officially. If the trial judge modifies the same he shall indorse thereon "Modified as follows: (stating in what particular he has modified the same) and given, and exception allowed" and sign the same officially. Such refused or modified instruction, special issue, definition or explanatory instruction, when so indorsed shall constitute a bill of exceptions, and it shall be conclusively presumed that the party asking the same presented it at the proper time, excepted to its refusal or modification and that all the requirements of law have been observed, and such procedure shall entitle the party requesting the same to have the action of the trial judge thereon reviewed without preparing a formal bill of exceptions.

Source: R. C. S. Art. 2188.

See note, Subsection D: Changes indicated: "When [a special] an instruction special issue, definition or explanatory instruction is requested and the provisions of the law have been complied with and the trial judge refuses the same, he shall indorse thereon "Refused," and sign the same officially. If the trial judge modifies [a special charge] the same he shall indorse thereon "Modified as follows: (stating in what particular he has modified the [charge] same) and given, and exception allowed" and sign the same officially. Such refused or modified [charge] instruction, special issue, definition or explanatory instruction, when so indorsed shall constitute a bill of exceptions, and it shall be conclusively presumed that the party asking [said charge] the same presented [the same] it at the proper time, excepted to its refusal or modification, and that all the requirements of law have been observed, and [the same] such procedure shall entitle the party requesting [such charge] the same to have the action of the trial judge thereon reviewed without preparing a formal bill of exceptions."

Oct. 29, 1940, eff. Sept. 1, 1941.

AMENDMENTS

July 15, 1987, eff. Jan. 1, 1988. Corrected and clarified by order of Dec. 16, 1987, eff. Jan. 1, 1988.