NC · jury_instructions
N.C.P.I.—Civil 815.75
CHILD BORN OUT OF WEDLOCK-ISSUE OF PATERNITY.
(NOTE WELL: If the paternity action is brought more
than three years after the birth of the child or is
brought after the death of the putative father, paternity
cannot be established in a contested case without
evidence from a blood or genetic marker test. N.C.
Gen. Stat. § 49-14(d). The effect of the results of a
blood or genetic marker test and comparisons is
governed by N.C. Gen. Stat. § 8-50.1(b1)2.)
The (state number) issue reads:
"[Is] [was] (name putative father) the father of (name child)?"
On this issue, the burden of proof is on the plaintiff. 3 This means
that the plaintiff must prove by clear, strong and convincing evidence that
(name putative father) is the father of (name child).4 Clear, strong and
convincing evidence is evidence which, in its character and weight,
establishes what the plaintiff seeks to prove in a clear, strong and
convincing fashion. You shall interpret and apply the words "clear,"
"strong" and "convincing" in accordance with their commonly understood
and accepted meanings in everyday speech.
Finally, as to this (state number) issue on which the plaintiff has
the burden of proof, if you find by clear, strong and convincing evidence
that (name putative father) is the father of (name child), 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.
History
N.C.P.I.—Civil 815.75 (March 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
7a5afa9c1e3fc0ba1e31e20121d7d26ffb83c96a0726e364818dcb9bad8730d1
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