N.C.P.I.—Civil 100.70

NOTE WELL: While the Rules of Civil Procedure have no

statutory analogue to N.C. Gen. Stat. § 15A-1228,

which permits jurors in a criminal case to make notes

and take them into the jury room (except where the

judge on his own motion or the motion of a party rules

otherwise in his discretion), note-taking in civil cases

has been left, as a matter of practice, to the sound

discretion of the trial judge.

[If Denied: In my discretion, members of the jury, you will not be

allowed to take notes in this case.]

[If Allowed: In my discretion, you will be allowed to take notes in

this case.

When you begin your deliberations, you may use your notes to help

refresh your memory as to what was said in court. I caution you,

however, not to give your notes or the notes of any of the other jurors

undue significance in your deliberations. All of the evidence is important.

Do not let note-taking distract you. Listen at all times intently to the

testimony.

Any notes taken by you are not to be considered evidence in this

case. Your notes are only to assist your memory and are not entitled to

any greater weight than the individual recollections of other jurors.]