NC · jury_instructions
N.C.P.I.—Civil 815.42
DIVORCE -ABSOLUTE - ISSUE OF ONE YEAR'S SEPARATION - DEFENSE OF MENTAL IMPAIRMENT.
The (state number) issue reads:
"Before the plaintiff and the defendant were separated one year,
did the defendant become mentally impaired?"
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 before the plaintiff and the defendant were separated one year, the
defendant became mentally impaired.
A person is mentally impaired when he does not understand what
he is doing or the nature and consequence of his acts.1
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
before the plaintiff and the defendant were separated one year, the
defendant became mentally impaired, 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 815.42 (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
d75bfb196ce949e5da8923942e48fa00a4a184ca7b1bcf65d7b71bb35f2709b8
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