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TexasJury Nullification

In Texas a statute has the judge give the jury a written charge setting out the law of the case, without any opinion on the weight of the evidence. The pattern charge tells jurors to apply the law in the instructions as they judge the facts. A felony verdict needs twelve jurors, and each juror has to agree to it. The state constitution says the right of trial by jury shall remain inviolate. It also says that in libel indictments the jury has the right to determine the law and the facts, under the direction of the court.

Yes
State constitution gives the jury a role in judging the law
Yes
Jurors are told they must follow the law
Yes
Criminal verdicts must be unanimous

Overview

Juries in Texas

Texas law has the judge hand the jury a written charge before the lawyers argue. It has to set out the law of the case. It may not give an opinion on the weight of the evidence, sum up the testimony or discuss the facts.

The pattern charge tells Texas jurors to apply the law in the instructions when they judge the facts and decide which witnesses to believe. What the charge says about the evidence, and about asking to hear testimony again, is in the Texas chapter of the guide.

In a felony case not less than twelve jurors can return a verdict, and each juror has to agree to it. Texas law names one way eleven can do it. What that takes is in the chapter.

The Texas chapter

What's in the Guide for Texas?

In the guide

Jury selection

Texas law lists eleven reasons either side can give to remove a possible juror, and three that cannot be waived. The chapter also explains the challenge each side has for a juror's bias against the law it relies on.

In the guide

What the judge tells you

What the Texas pattern charge says about the law and the facts, what state law bars a judge from saying, and what a jury is told about a fact the court treats as known.

In the guide

How the verdict works

What it means that each of twelve Texas jurors must agree, when eleven can return a verdict, and the rules that control deliberations.

In the guide

Protections and risks

What Texas law says about arguing a case to a juror in private, who may be with a jury while it deliberates, and what a juror can and cannot be asked about afterwards.

In the guide

The law in plain English

The Texas laws behind the chapter in everyday words. They include the articles of the Code of Criminal Procedure on the right to a jury, on the written charge, on talking with a jury, on the number of jurors and on challenges for cause, with the law on improper influence, four rules of evidence and two sections of the state constitution.

In the guide

Official state resources

Links to Texas's official sources, each one checked. They cover the statutes and constitution on the state's official site, the Judicial Branch's rules, the archived volume of the pattern jury charges, and the Judicial Branch's Jury Service in Texas page.

Your summons

Called for Jury Duty in Texas?

A Texas jury summons asks you to come to court and, if you are picked, to judge the facts of a case. The judge gives you the law in writing.

The Texas Judicial Branch has a Jury Service in Texas page. It covers reporting, who can serve, and how to ask to be excused.

That page covers serving. The reasons a juror can be removed, what the written charge says and leaves out, and what stays private about a jury's deliberations are covered in the Texas chapter of the guide.

Your Texas summons

  • Sent byYour county
  • Names come fromThe Secretary of State's list of registered voters and driver's license or ID card holders
  • It asks you toCome to court and, if you are picked, judge the facts of a case
  • Jury size12 (felony)

Get the guide

Get the Texas guide

In Texas the law reaches the jury in writing, before the lawyers make their arguments, and the judge is barred from commenting on the evidence. This page can tell you that. What the charge says, how twelve jurors reach a verdict and when eleven can, and what stays private about the jury room are in the Texas chapter. Get the guide and read it before you serve.

Texas

The Texas guide

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  • Jury selection, the judge's instructions, the verdict and juror protections
  • Texas's laws in plain English, with links to the official sources
  • Free updates when the law changes
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See what's inside the guide

Every Texas source was checked against its official site on October 19, 2026.