State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-181_2

§ 1‑181.2.  Use ofevidence by the jury.

(a)        If the jury in acivil action after retiring for deliberation requests a review of certaintestimony or other evidence, the jurors must be conducted to the courtroom. Thecourt in its discretion, after notice to the parties and giving the parties anopportunity to be heard, may direct that requested parts of the testimony beread to the jury and may permit the jury to reexamine in open court therequested materials admitted into evidence. The court in its discretion mayalso have the jury review other evidence relating to the same factual issue soas not to give undue prominence to the evidence requested.

(b)        Upon request by thejury, the court may in its discretion and after permitting the parties anopportunity to be heard permit the jury to take into the jury room admittedexhibits which have been passed to the jury, photographs admitted into evidenceand shown to the jury and used by any witnesses in their testimony before thejury, and any illustrative exhibits admitted into evidence and used by anywitnesses in their testimony before the jury. Summaries of testimony preparedin the courtroom by any party, lists made by any party in the courtroom andsuch similar documents shall not be sent to the jury room with the jury, evenif admitted into evidence and requested by the jury. Depositions may be takeninto the jury room upon request of the jury only with consent of the parties.

(c)        Upon request by thejury, the court may permit the jury to take into the jury room any exhibit thatall parties stipulate and agree may be taken into the jury room.

(d)        In sending anyexhibits to the jury, the court should ensure that the evidentiary integrity ofthe exhibit is preserved. (2007‑407, s. 1.)