N.C.P.I.—Civil 800.52

The (state number) issue reads:

"Did the defendant [assault] [batter] the plaintiff in self-defense?"

You will answer this issue only if you have answered the issue as

to whether defendant [assaulted] [battered] the plaintiff "Yes" in favor of

the plaintiff.

On this issue the burden of proof is on the defendant.1 This means

that the defendant must prove, by the greater weight of the evidence,

three things:2

First, that the defendant reasonably believed that it was necessary

to use force to protect himself from imminent bodily injury or death. A

belief is reasonable when a person of ordinary prudence under the same

or similar circumstances would believe that force is needed to protect

himself from imminent bodily injury or death.

Second, that the defendant used no more force against the plaintiff

than was reasonably necessary under the circumstances to protect

himself from bodily injury or death.3

Third, that the defendant was not the aggressor. A person who

voluntarily and without provocation enters into a fight is not acting in

self-defense (unless he first abandons the fight, withdraws from it and

gives notice to his adversary that he has done so).

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

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

defendant [assaulted] [battered] the plaintiff in self-defense, then it

would be your duty to answer this issue "Yes" in favor of the defendant.

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 plaintiff.