NC · jury_instructions
N.C.P.I.—Civil 815.46
DIVORCE - ABSOLUTE - ISSUE OF INCURABLE INSANITY - DEFENSE OF CONTRIBUTORY CONDUCT OF SANE SPOUSE.
The (state number) issue reads:
"Did the plaintiff, by his conduct, contribute to the defendant's
incurable insanity?"
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 the plaintiff, by his conduct, contributed to the defendant's incurable
insanity.
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 defendant's
incurable insanity, contributed to the unsoundness of mind of the
defendant, 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 815.46 (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
e64aa2dd37d5aedc0733abdb2bbbc85833e55483ab3a37de3b4d040c83dabb23
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