N.C.P.I.—Crim. 100.22

NOTE WELL: This is a suggestive model and the judge

can modify as deemed appropriate

I want to welcome those of you who have been selected to serve

as jurors for this criminal session of Superior Court in _________ County.

Let me introduce myself. I am _______________. I am a Judge of

the Superior Court. I live in _________in ___________ County and I have

been assigned to preside at this session of Superior Court in your county

by the Chief Justice of the Supreme Court of North Carolina.

In order that you will know the court personnel with whom you will

be working, and their respective duties. I will introduce them to you at

this time.

The Deputy (Assistant) Clerk of Superior Court is _________. She

(He) administers oaths to witnesses and keeps the court's records.

The Court Reporter is ________. She (He) takes down and

transcribes everything that is said in the courtroom during a trial and

upon hearing of the various motions.

The Bailiff is _____________. She (He) enforces the court's orders

and is in charge of the jury while it is away from the courtroom. If you

desire at any time to inquire of any matters touching on your personal

welfare apart from the case that is being tried, you should address your

inquiries to the bailiff who will, if necessary, arrange for me to hear you

on such matters.

In order to minimize noise and confusion in the courtroom, I am

going to ask that all jurors, witnesses, defendants, and spectators

remain seated while court is in session.

This call upon your time does not come frequently and may never

be repeated in your lifetime. It is one of the obligations of citizenship. It

represents your contribution to our democratic way of life. It is an

assurance of your guarantee that if chance or design brings you to a court

of law in any civil or criminal entanglement, your rights and liberties will

be regarded by the same standards of justice and protected by the same

considerations that you discharge here in your duties as jurors.

You are being asked to perform one of the highest duties that can

be imposed on any citizen, and that is to sit in judgment on the facts

which will determine and settle disputes among your fellow citizens. Trial

by jury is a right guaranteed to every citizen.

After you have been selected as a juror and have qualified by

taking the oaths, you become the sole judges of the weight to be given

any evidence and the credibility of each witness. Any decision agreed to

by all twelve jurors which is free of partiality, unbiased and unprejudiced,

reached in sound and conscientious judgment, based on credible

evidence, and in accord with the court's instructions, becomes a final

result in a case.

You will become, in effect, officers of the court. It is my duty to see

that the trial is conducted in accord with the rules of law that prescribe

trial procedure, to rule on points of evidence, to maintain order, to

preserve decorum, and to instruct you on the law that you are to apply to

the facts as you find the facts to be.

You must understand that neither the court, nor the parties, nor the

witnesses, nor the lawyers, may have any private contact or conversation

with you during this week.

Your entry upon this service will impose upon you important duties

and grave responsibilities. It requires that you be prompt in attendance,

attentive to your duties, faithful to your oaths, considerate and tolerant

of your fellow jurors, sound and deliberate in your evaluations, and firm

but not stubborn in your convictions.

It is the public policy of North Carolina that all qualified citizens,

without exception, serve as jurors. To be eligible to serve as a juror you

must be a citizen of North Carolina and resident of _________ County, at

least 18 years of age, physically and mentally competent, able to

understand the English language, and not have been convicted of a felony

nor have pleaded guilty (unless your citizenship has been restored), not

have been adjudged incompetent, not have served on a trial jury in the

state courts during the last two years, and not have served a full term of

service on a grand jury during the last six years.

I recognize that each of you will be inconvenienced by serving on

the jury for this week, and every effort will be made to see that your time

is not wasted. When it can be foreseen that you will not be needed in the

courtroom for an extended period, you will be released and given a

definite time to return. Please return promptly at the specified time.

I realize that there may be instances when service as a juror would

be more than merely inconvenient and would constitute a great hardship.

Under these circumstances you may have your service as a juror deferred

to a later time by the court.

You have previously had the opportunity to present to a judge of

the District Court any reason you feel you should not serve. I realize,

however, that situations may have arisen since then that you feel entitle

you to defer your service. Before hearing any requests for deferring

service because of hardship, however, I would remind you, first, that your

services are needed at this session of court; second, that jury service is a

duty of citizenship and for that reason no qualified persons are exempt

from jury service; and third, that if the court excuses you at this time,

you will be required to serve at a later session.

If any of you who has been summoned for jury service would now

like to request that your jury service be deferred until a later court

session, please raise your hand/stand at this time.

Please approach the bench (one at a time) OR Please state your

reason for request for deferral. (Note: It is a good idea to have these

deferrals done on the record and not at the bench.)

Rule on the deferment, then have clerk swear remaining jurors.