NC · jury_instructions
N.C.P.I.—Civil 815.22
VOIDABLE MARRIAGE (ANNULMENT) - ISSUE OF MARRIAGE OF PERSON UNDER 16 - DEFENSE OF PREGNANCY OR LIVING CHILDREN.
The (state number) issue reads:
"[Is (name wife) now pregnant] [Has a child who is now living been
born to (name spouses)]?"
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff.2
On this issue the burden of proof is on the defendant. This means
that the defendant must prove, by the greater weight of the evidence,
that [(name wife) is now pregnant] [a child who is now living has been
born to (name spouses)].3
Finally, as to this (state number) issue on which the defendant has
the burden of proof, if you find by the greater weight of the evidence that
[(name wife) is now pregnant] [a child who is now living has been born to
(name spouses)], 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, it would be your duty to
answer this issue "No" in favor of the plaintiff.
History
N.C.P.I.—Civil 815.22 (January 1999). Prepared by the North Carolina Conference of Superior Court Judges' Committee on Pattern Jury Instructions, assisted by the UNC School of Government; published by the School of Government.
Provenance
- Source
- sog.unc.edu
- Retrieved
- 2026-09-24
- Edition
- 2026-09-24
- Content hash
5e7858d49f4eb8fe8852fc347951fb651ebaccbdc1141b99b1e940f378448c1d
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