NC · jury_instructions
N.C.P.I.—Civil 815.26
VOIDABLE MARRIAGE (ANNULMENT)-ISSUE OF IMPOTENCE - DEFENSE OF KNOWLEDGE.
The (state number) issue reads:
"Did the plaintiff know or should the plaintiff have known2, prior to
the marriage, that (name spouse) was physically, permanently and
incurably impotent?"
You will answer this issue only if you have answered the (state
number) issue "Yes" in favor of the plaintiff.
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 prior to the marriage, the plaintiff knew or should have known that
(name spouse) was physically, permanently and incurably impotent.
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
the plaintiff knew or should have known before the marriage that (name
spouse) was physically, permanently and incurably impotent, 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 815.26 (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
90f1b4d18f5f6029a4d67af80458eec3e44c392fc32ba1058d855cfd9c2ee3b8
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