Warner Robins, GA
The jury hears the evidence from witnesses and the law from the judge. Jury instructions are how the rules, including contributory negligence, reach the people who will decide the case.
Also called: jury charge, charge to the jury
After the lawyers finish their closing arguments, the judge reads the jury a set of instructions. They explain what the jury must decide, what each side has to prove, and how to turn the evidence into a verdict. The instructions are the bridge between the testimony and the law, and a jury follows them closely.
For an injured person, the wording matters because it frames questions such as negligence, contributory negligence, and damages. Joshua E. Palmer, Attorney at Law prepares requests for instructions as carefully as the opening statement, because a small difference in phrasing can change what a jury believes it is allowed to award. This page explains what jury instructions are, who writes them in a North Carolina civil case, what rules govern the judge, and how the verdict form works.
They are the jury’s rulebook. The judge instructs the jurors on the burden of proof, the elements of the claims and defenses, how to weigh witnesses, what kinds of damages may be awarded, and how to complete the verdict form. In a negligence case that typically means defining negligence and proximate cause, explaining that the defendant claims the plaintiff was contributorily negligent and must prove it, and describing the damages the jury may consider if it reaches that point.
The instructions are delivered orally at the end of the case in most civil trials and may also be provided in writing. They are separate from the lawyers’ arguments. A lawyer may say what the law means in closing, but the judge’s charge controls, and the jury is told to follow it.
Most come from the pattern jury instructions published by the UNC School of Government, a set of standard charges that the court adapts to the facts of the case. Under N.C. R. Civ. P. 51(b) a party who wants a special instruction must submit a written request, entitled in the cause and signed by counsel or the party, before the judge begins the charge. The requests are filed with the clerk as part of the record, and the judge may consider a late request in his or her discretion.
The judge has duties and limits. Under Rule 51(a), the judge may not give an opinion on whether a fact is fully or sufficiently proved, is not required to summarize the evidence, and if the judge states the contentions of the parties must give equal stress to each side. Rule 51(d) requires the oral instructions to be reduced to writing in medical malpractice cases, and the court is encouraged to give the jury a written copy. The charge is usually settled at a conference where each lawyer can ask for changes and object to the draft.
| Step | Who acts | Rule |
|---|---|---|
| Propose special instructions | Counsel or party, in writing, signed | Rule 51(b): before the charge begins |
| Settle the charge | Judge, with counsel at a charge conference | Judge’s discretion on timing and content |
| Give the charge | Judge | Rule 51(a): no opinion on whether a fact is proved; equal stress on contentions |
| Frame the issues and verdict form | Judge and counsel | Rule 49: issues in concise and direct terms; general or special verdict |
| Written copy for the jury | Judge | Rule 51(d): required in medical malpractice cases; encouraged in others |
Pattern instructions are a starting point. The wording actually given depends on the facts and on what each side asked for before the charge.
In North Carolina the verdict form often asks the jury a series of questions, called issues. The first asks whether the plaintiff was injured by the defendant’s negligence. A second asks whether the plaintiff, by his or her own negligence, contributed to the injury. A third asks for the amount of damages. N.C. R. Civ. P. 49 lets the judge require a general or special verdict, and issues should be framed in concise and direct terms. A yes on the contributory negligence issue ends the plaintiff’s recovery, so the way that question is worded and explained is critical.
The defendant has the burden of proving contributory negligence under N.C. Gen. Stat. § 1-139, and the instruction should say so. A plaintiff’s lawyer reads the proposed charge for exactly that point, and for whether an exception such as last clear chance or the defendant’s gross negligence deserves its own instruction when the evidence supports it.
Object at the time. A party who believes the proposed charge misstates the law should raise the objection at the charge conference and again before the jury retires, and should submit a written request for the instruction it wants. That is why trial lawyers prepare their special instructions in advance: a request submitted in time becomes part of the record, and the record is what an appellate court reviews.
A worked example: in a Wilmington trial over an intersection crash, the defense asks for an instruction on a defense theory that the evidence does not support. The plaintiff’s lawyer objects, points to the testimony, and submits a written alternative before the charge begins. If the judge gives the defense version anyway, the objection and the written request are in the record. A mistaken instruction can be grounds for a new trial or an appeal, but only if the issue was properly preserved at trial.
Joshua E. Palmer
Managing Partner · Joshua E. Palmer, Attorney at Law
Attorney Palmer concentrates in personal injury law and trained in North Carolina law at North Carolina Central University School of Law in Durham. This glossary explains the terms he uses with clients every day, in plain English and with the North Carolina rule that applies.
Going to trial in North Carolina? Call for a free case review and ask how the jury will be instructed on fault.
Responsible attorney: Joshua E. Palmer, Managing Partner · 106 Moran Dr #5106, Bonaire, GA 31005 · (478) 887-3734. Attorney advertising. This page is general legal information about North Carolina law, not legal advice for your situation; contacting the firm does not create an attorney-client relationship.
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Each case is different. Any results, settlement figures, or benefit amounts described on this page depend on the specific facts of that case and do not guarantee or predict a similar outcome in yours. Statutes and benefit rates cited are current as of October 2026; confirm current law with an attorney before relying on it.
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