§ 40.110 Rule 306. Instructions on the burden of persuasion

This rule deals with when a judge tells the jury who has to prove what during a trial. In every case, one side usually has the job of convincing the jury that certain facts are true. This is called the burden of persuasion.

Under this rule, the judge cannot give the jury these instructions until after both sides have finished presenting all their evidence. This means the jury hears everything first, and only then learns the specific rules about which side needed to prove what.

The point of this timing is to keep the jury focused on the evidence itself while it's being presented, instead of trying to sort evidence into categories too early. Once all the testimony and evidence is in, the judge explains the proof standards so the jury can properly weigh everything they heard and decide the case fairly.