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Rule 276.Refusal or Modification

Last amended January 1, 1988 · Last verified June 28, 2026

In one sentenceRule 276 has the judge endorse a refused request “Refused” or a changed one “Modified,” and makes that endorsed request a bill of exceptions that preserves the complaint without a formal bill.

Full Text of Rule 276

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When an instruction, question, or definition is requested and the provisions of the law have been complied with and the trial judge refuses the same, the judge shall endorse thereon "Refused," and sign the same officially. If the trial judge modifies the same the judge shall endorse thereon "Modified as follows: (stating in what particular the judge has modified the same) and given, and exception allowed" and sign the same officially. Such refused or modified instruction, question, or definition, when so endorsed 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.
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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.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 276), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source
Also known as: refusal or modificationrefused instructionbill of exceptionsTRCP 276