First Employees Insurance Co. v. Skinner
First Employees Insurance Company appealed a worker's compensation judgment concerning Jessie Skinner, arguing that the trial court erred in refusing to send all exhibits to the jury during deliberation. The court re-evaluated its prior decision in Texas Employers Ins. Ass'n v. Applegate, which held Rule 281 of the Texas Rules of Civil Procedure to be mandatory. After reviewing statutory language and precedents, the court concluded that Rule 281 is permissive, allowing trial courts discretion in deciding whether to send exhibits to the jury upon a litigant's request. Factors for consideration include timeliness, cumbersomeness, cumulative nature, and the exhibit's character. The court found no abuse of discretion in the trial court's refusal, noting the litigant's request, the timing during deliberation, and the voluminous nature of some exhibits. The trial court's judgment was affirmed.