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N.C. Gen. R. Prac. Super. & Dist. Ct. 21

Jury Instruction Conference

activein force · 2025-08-06 – presentact-effective-date

At the close of the evidence (or at such earlier time as the judge may reasonably

direct) in every jury trial, civil and criminal, in the superior and district courts, the

trial judge shall conduct a conference on instructions with the attorneys of record

(or party, if not represented by counsel). Such conference shall be out of the presence

of the jury, and shall be held for the purpose of discussing the proposed instructions

to be given to the jury. An opportunity must be given to the attorneys (or party if not

represented by counsel) to request any additional instructions or to object to any of

those instructions proposed by the judge. Such requests, objections and the rulings

of the court thereon shall be placed in the record. If special instructions are desired,

they should be submitted in writing to the trial judge at or before the jury instruction

conference.

At the conclusion of the charge and before the jury begins its deliberations, and

out of the hearing, or upon request, out of the presence of the jury, counsel shall be

given the opportunity to object on the record to any portion of the charge, or omission

therefrom, stating distinctly that to which he objects and the grounds of his objection.

The court may recall the jury after they have retired and give them additional

instructions in order: (i) to correct or withdraw an erroneous instruction; or (ii) to

inform the jury on a point of law which should have been covered in the original

instructions. The provisions of the first two paragraphs of this Rule 21 also apply to

the giving of all additional instructions, except that the court in its discretion shall

decide whether additional argument will be permitted.

History

History Note. 304 N.C. 744.

Provenance

Source
ncleg.gov; ncbar.gov; nccourts.gov
Retrieved
2026-09-17
Edition
2026-09-17
Content hash
5009980221e88d69f1ea2dd5bd62803d9d94ee75845cc380b0caf7516be11a06
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