N.C.P.I.—Civil 100.44

Members of the Jury, at an earlier time the [plaintiff] [defendant]

[(name any other party that addressed interrogatories)] submitted

questions to the [plaintiff] [defendant] [(name any other party that

received interrogatories)]. These questions are called interrogatories.

The [plaintiff] [defendant] [(name any other party that received

interrogatories)] was required to answer the interrogatories under oath.

The [plaintiff] [defendant] [(name any other party that addressed

interrogatories)] has introduced some of the questions and the answers

into evidence as the [plaintiff's] [defendant's] [(name any other party)]

exhibit number ___.

You may treat the answers like admissions of the [plaintiff]

[defendant] [(name any other party that received interrogatories)].2

Not only may you consider the answers as evidence, but you may

give the answers such weight as you determine is appropriate in light of

any other evidence offered by the [plaintiff] [defendant] [(name any other

party)] as to mistake, excusable neglect or some other justifiable error in

these answers.

[You are not, however, to consider the answers of the [plaintiff

(name)] [defendant (name)] [(name any other party that received

interrogatories)] as evidence against the [(name another appropriate

party)].]3

Also, members of the jury, the (name party introducing the

interrogatory answers) is not bound by those answers. In other words,

the (name party introducing the interrogatory answers) may offer other

evidence to contradict, explain or challenge the answers given by the

(name party answering the interrogatories).