Texas Pattern Jury Charges—Oil & Gas (2022 Ed.)
PJC Charges
Chapter 300 Admonitory Instructions
| 300-1 | Instructions to Jury Panel before Voir Dire Examination |
| 300-2 | Instructions to Jury after Jury Selection |
| 300-3 | Charge of the Court |
| 300-3A | Charge of the Court—Twelve-Member Jury |
| 300-3B | Charge of the Court—Six-Member Jury |
| 300-3 alt addl certificate | |
| 300-4 | Additional Instruction for Bifurcated Trial |
| 300-4 addl instr pre-2003 | |
| 300-4 alt addl certificate | |
| 300-5 | Instructions to Jury after Verdict |
| 300-6 | Instruction to Jury If Permitted to Separate |
| 300-7 | Instruction If Jury Disagrees about Testimony |
| 300-8 | Circumstantial Evidence (Optional) |
| 300-9 | Instructions to Deadlocked Jury |
| 300-10 | Privilege—Generally No Inference |
| 300-11 | Fifth Amendment Privilege—Adverse Inference May Be Considered |
| 300-12 | Parallel Theories on Damages |
| 300-13 | Proximate Cause |
| 300-14 | Instruction on Spoliation |
Chapter 301 Adverse Possession
| 301-1 | Adverse Possession (Comment) |
| 301-2 | Question and Instructions on Adverse Possession—Three-Year Limitations Period |
| 301-2 alt def adverse | |
| 301-2 def property | |
| 301-3 | Question and Instructions on Adverse Possession—Five-Year Limitations Period |
| 301-3 alt def adverse | |
| 301-3 def property | |
| 301-4 | Question and Instructions on Adverse Possession—Ten-Year Limitations Period |
| 301-4 alt def adverse | |
| 301-4 def property | |
| 301-5 | Question and Instructions on Adverse Possession—Twenty-Five-Year Limitations Period |
| 301-5 alt def adverse | |
| 301-5 def property | |
| 301-6 | Question and Instructions on Adverse Possession with Recorded Instrument—Twenty-Five-Year Limitations Period |
| 301-6 alt def adverse | |
| 301-6 def property |
Chapter 302 Improper Use of Real Property
| 302-1 | Injury to Real Property from Oil and Gas Operations (Comment) |
| 302-2 | Question and Instruction on Unreasonable Use of Surface Estate |
| 302-3 | Question and Instruction on Accommodation Doctrine |
| 302-4 | Question and Instruction on Trespass |
| [PJC 302-5–302-7 are reserved for expansion.] | |
| 302-8 | Question and Instruction on Statutory Waste |
| 302-9 | Question and Instruction on Reasonably Prudent Operator Defense to Statutory Waste Claim |
| [PJC 302-10 and 302-11 are reserved for expansion.] | |
| 302-12 | Private Nuisance |
| 302-12A | Private Nuisance—Intentional |
| 302-12B | Private Nuisance—Negligent |
| 302-12C | Private Nuisance—Strict Liability |
| 302-12 addl instr lawful or useful conduct |
Chapter 303 Lessor-Lessee Issues
| 303-1 | Claims for Breach of Lease Provisions (Comment) |
| 303-2 | Question on Breach of Express Pooling Provision |
| 303-3 | Question and Instruction on Good-Faith Pooling |
| 303-4 | Question on Breach of Express Royalty Provision |
| 303-5 | Question on Untimely Payment of Proceeds of Production under Natural Resources Code |
| 303-6 | Question on Location of Sale |
| 303-7 | Question and Instruction on Implied Duty to Reasonably Market Production (Proceeds/Amount Realized Royalty Provision) |
| 303-8 | Question and Instructions on Breach of Express Market Value Royalty Provision |
| 303-9 | Question and Instruction on Unreasonable Deduction of Postproduction Costs |
| 303-10 | Implied Covenants (Comment) |
| 303-11 | Question and Instructions on Breach of Implied Covenant to Protect against Drainage |
| 303-12 | Question and Instruction on Breach of Implied Covenant to Develop |
| 303-13 | Lease Termination (Comment) |
| 303-14 | Question on Failure to Tender Delay Rental Payment |
| 303-15 | Question and Instruction on Failure to Commence Operations before End of Primary Term |
| 303-16 | Question and Instruction on Failure to Commence Operations after Cessation of Production |
| 303-17 | Question and Instruction on Failure to Prosecute Operations without Cessation |
| 303-18 | Question and Instruction on Failure to Commence Operations after Completion of Dry Hole |
| 303-19 | Question on Cessation of Production |
| 303-20 | Question and Instructions on Cessation of Production in Paying Quantities |
| 303-20A | Question and Instruction on Cessation of Production in Paying Quantities |
| 303-20B | Question and Instruction on Continued Production by Reasonably Prudent Operator |
| 303-21 | Question on Date of Cessation of Production |
| 303-22 | Question and Instruction on Temporary Cessation of Production |
| 303-23 | Question on Failure to Tender Shut-In |
| 303-24 | Question and Instruction on Determining Whether Well Qualifies as Shut-In Well |
| 303-25 | Question on Force Majeure |
Chapter 304 Executive Rights
| 304-1 | Breach of Executive Rights Duty (Comment) |
| 304-2 | Question and Instruction on Breach of Executive Rights Duty |
Chapter 305 Oil and Gas Industry Agreements
| 305-1 | Oil and Gas Industry Contracts (Comment) |
| 305-2 | Basic Question—Existence |
| 305-2 alt Q bind terms | |
| 305-2 alt Q future agree | |
| 305-2 addl instr consideration | |
| 305-3 | Basic Question—Compliance (Non-JOA) |
| 305-3A | Breach When Only One Party Claims a Material Breach |
| 305-3A alt Q limited | |
| 305-3A addl instr code duty | |
| 305-3A addl instr good faith | |
| 305-3B | Breach When More Than One Party Claims a Material Breach |
| 305-4 | Question and Instruction on Declaration of Meaning of Ambiguous Provisions |
| 305-5 | Question and Instruction on Reformation as an Affirmative Cause of Action |
| [PJC 305-6 and 305-7 are reserved for expansion.] | |
| 305-8 | Question on Main Purpose Doctrine |
| 305-9 | Instruction on Formation of Agreement |
| 305-10 | Instruction on Offer and Acceptance |
| 305-10 addl instr modification | |
| 305-11 | Instruction on Withdrawal or Revocation of Offer |
| 305-12 | Instruction on Ambiguous Provisions |
| 305-13 | Instruction on Price |
| 305-14 | Instruction on Time of Compliance |
| 305-15 | Instruction on Authority |
| 305-16 | Instruction on Ratification |
| 305-17 | Instruction on Materiality |
| [PJC 305-18 and 305-19 are reserved for expansion.] | |
| 305-20 | Trade Custom (Comment) |
| 305-20 instr trade custom | |
| 305-20 instr trade custom awareness | |
| 305-21 | Conditions Precedent (Comment) |
| 305-21 addl Q waiver | |
| 305-22 | Third-Party Beneficiaries (Comment) |
| 305-22 Q third party | |
| 305-23 | Question on Promissory Estoppel |
| 305-24 | Question and Instruction on Quantum Meruit |
| 305-25 | Money Had and Received (Comment) |
| 305-26 | Unjust Enrichment (Comment) |
| 305-27 | Basic Question and Instructions on Breach of Joint Operating Agreement—Compliance |
| 305-28 | Questions and Instructions on Breach by Operator under Joint Operating Agreement Exculpatory Provision |
[Chapters 306–311 are reserved for expansion.]
Chapter 312 Defenses
| 312-1 | Defenses—Basic Question |
| 312-2 | Defenses—Instruction on Plaintiff’s Material Breach When Only One Party Claims a Material Breach |
| 312-3 | Defenses—Instruction on Anticipatory Repudiation |
| 312-4 | Defenses—Instruction on Waiver |
| 312-5 | Defenses—Instruction on Release |
| 312-6 | Defenses—Instruction on Equitable Estoppel |
| 312-7 | Defenses—Instruction on Duress |
| 312-8 | Defenses—Instruction on Undue Influence |
| 312-9 | Defenses—Instruction on Mutual Mistake of Fact |
| 312-10 | Defenses—Instruction on Mutual Mistake—Scrivener’s Error |
| 312-11 | Defenses—Instruction on Novation |
| 312-12 | Defenses—Instruction on Modification |
| 312-13 | Defenses—Instruction on Accord and Satisfaction |
| 312-14 | Defenses—Instruction on Mental Capacity |
| 312-15 | Defenses—Instruction on Fraudulent Inducement |
| 312-16 | Definitions of Misrepresentation—Intentional Misrepresentation |
| 312-16A | Factual Misrepresentation |
| 312-16B | Promise of Future Action |
| 312-16C | Opinion Mixed with Fact |
| 312-16D | False Statement of Opinion |
| 312-16E | Opinion Made with Special Knowledge |
| 312-17 | Defenses—Statute of Frauds (Comment) |
| 312-18 | Question on Statute of Limitations—Discovery Rule |
| 312-19 | Question and Instruction on Repudiation of Title |
| 312-20 | Question and Instruction on Statutory Defense to Withholding of Payments and Prejudgment Interest |
| 312-21 | Question and Instruction on Bona Fide Purchaser Defense |
Chapter 313 Damages
| 313-1 | Predicate—Instruction Conditioning Damages Questions on Liability |
| 313-2 | Instruction on Whether Compensatory Damages Are Subject to Income Taxes (Actions Filed on or after September 1, 2003) |
| [PJC 313-3 and 313-4 are reserved for expansion.] | |
| 313-5 | Monetary Damages Recoverable for Claims Involving Real Property Interests (Comment) |
| 313-6 | Questions on Permanent vs. Temporary Injury to Real Property Interests (Frequency and Duration) |
| 313-7 | Question and Instruction on Cost to Repair, Fix, or Restore Temporary Injury |
| 313-7 addl instr stigma damages | |
| 313-8 | Question and Instruction on Diminution in Market Value |
| 313-8 alt instr intrinsic value | |
| 313-9 | Question and Instruction on Damages Affecting Value of Minerals |
| 313-10 | Question and Instruction on Affirmative Good-Faith Defense to Trespass |
| 313-11 | Defensive Question on Reduction of Damages Resulting from Good-Faith Trespass |
| 313-12 | Question and Instruction on Damages for Breach of Express Pooling Provisions and Implied Duty to Pool in Good Faith |
| 313-13 | Question and Instruction on Damages for Breach of Express Royalty Provision |
| 313-14 | Question and Instruction on Damages for Breach of Implied Duty to Reasonably Market Production |
| 313-15 | Question and Instruction on Damages for Breach of Express Market Value Royalty Provision |
| 313-16 | Question and Instruction on Damages for Unreasonable Deductions |
| 313-17 | Question and Instruction on Drainage Damages of a Lessee or Royalty Owner |
| 313-18 | Question and Instruction on Damages for Breach of Implied Covenant to Develop |
| 313-19 | Question and Instruction on Actual Damages for Breach of Executive Rights Duty |
| 313-19 alt instr sep elements | |
| 313-20 | Question on Contract Damages |
| 313-20 addl instr sep theories | |
| 313-20 alt instr sep elements | |
| 313-21 | Sample Instructions on Direct and Incidental Damages—Contracts |
| 313-21 addl sample instrs | |
| 313-22 | Instructions on Consequential Damages—Contracts |
| 313-23 | Question on Promissory Estoppel—Reliance Damages |
| 313-23 alt instr sep elements | |
| 313-24 | Question on Quantum Meruit Recovery |
| 313-25 | Defensive Instruction on Mitigation—Contract Damages |
| [PJC 313-26–313-32 are reserved for expansion.] | |
| 313-33 | Question on Attorney’s Fees |
| 313-33 addl instr reasonable fee | |
| 313-33 alt instr predicate | |
| 313-33 addl instr zero fees |
Chapter 314 Preservation of Charge Error
| 314-1 | Preservation of Charge Error (Comment) |
| 314-2 | Broad-Form Issues and the Casteel Doctrine (Comment) |