N.C.P.I.—Civil 815.27

NOTE WELL: If one of the parties to the marriage has

died, submission of N.C.P.I.-Civil 815.30 may also be

necessary.3

The (state number) issue reads:

“Was the consent of the [plaintiff] [deceased]4 to marry the

defendant procured by duress?”

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

plaintiff must prove, by the greater weight of the evidence,5 that at the

time of the [plaintiff's] [deceased's] marriage to the defendant, the

[plaintiff's] [deceased's] consent to marry the defendant was procured by

duress.

Duress occurs where, by the wrongful act or threat or coercion of

another,6 a person is [induced][forced] to make a contract, or to perform

or forego some act, under circumstances which deprive that person of the

exercise of free will7 and his will is actually overcome.8 Duress may exist

even though that person is fully aware of all the facts material to his

decision.9

The duress must have existed and must have acted upon the free

will of the [plaintiff] [deceased] at the precise time of the marriage

ceremony.10

The existence of duress is for you to determine from all the

evidence. You may consider, together with all the other facts and

circumstances in evidence, the [plaintiff's] [deceased's]:11

[age]

[physical condition]

[mental condition]

[access to or opportunity to receive independent advice]

[relationship with the person [making the threat] [exerting

coercion]]

[state any other relevant factors supported by the evidence].

You may also consider:

[the degree to which the [plaintiff] [deceased] was in personal

distress or an emergency situation]12

[the intent13 of the person [making the threat] [exerting

coercion]]14

[whether alternatives to marriage were reasonably available to the

[plaintiff] [deceased]15

[the source of the power of the person [making the threat]

[exerting coercion]].16

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 consent

of the [plaintiff][deceased] to marry the defendant was procured by

duress at the time of the marriage ceremony, 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.