N.C.P.I.—Civil 800.27A

NOTE WELL: For actions arising from acts occurring on

or after October 1, 2009, use this instruction. For

actions arising from acts occurring prior to October 1,

2009, see N.C.P.I.-Civil 800.27 (“Criminal Conversation

- Statute of Limitations”).

The (state number) issue reads:

“Did the plaintiff file this action within three years of the date of

the last act of the defendant giving rise to the plaintiff’s claim?”1

If you have answered the (state number) issue “Yes” in favor of the

plaintiff, the plaintiff's claim may nonetheless be legally barred by what

is called the statute of limitations.2 The law provides that a lawsuit

claiming criminal conversation must be filed within three years of the

date of the last act of the defendant which gave rise to the plaintiff’s

claim. [The law further provides that if the plaintiff and the plaintiff’s

spouse have physically separated with the intent on the part of either the

plaintiff or his spouse that the physical separation remain permanent,

then no act of the defendant which occurs following such physical

separation may give rise to the plaintiff’s criminal conversation claim.3]

The plaintiff filed the present lawsuit on (state date of filing of criminal

conversation action).

By answering issue (state number) “Yes” in favor of the plaintiff,

you found that the defendant had sexual intercourse with the spouse of

the plaintiff prior to the physical separation of the plaintiff and his

spouse with the intent on the part of either the plaintiff or his spouse

that the physical separation remain permanent.

On this (state number) issue, the burden of proof is on the

plaintiff.4 This means that the plaintiff must now prove, by the greater

weight of the evidence, that the last act of sexual intercourse between

the defendant and the plaintiff’s spouse occurred less than three years

before the date of the filing of this lawsuit by the plaintiff. [(In cases

where there is physical separation) Furthermore, because the plaintiff

and his spouse have physically separated with the intent on the part of

either the plaintiff or his spouse that the physical separation remain

permanent, the plaintiff must also prove that the act occurred prior to the

physical separation.]

Finally, as to this issue on which the plaintiff has the burden of

proof, if you find by the greater weight of the evidence that the plaintiff

filed this action within three years of the date of the last act of the

defendant giving rise to the plaintiff’s claim, then it would be your duty

to answer this issue “Yes” in favor of the plaintiff.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue “No” in favor of the defendant.