15A-1221. Order of proceedings in jury trial; reading of indictment prohibited. (a) The order of a jury trial, in general, is as follows: (1) Repealed by Session Laws 1995 (Regular Session 1996), c. 725, s. 10. (1a) Unless the defendant has filed a written request for an arraignment, the court must enter a not guilty […]
15A-1222. Expression of opinion prohibited. The judge may not express during any stage of the trial, any opinion in the presence of the jury on any question of fact to be decided by the jury. (1977, c. 711, s. 1.)
15A-1223. Disqualification of judge. (a) A judge on his own motion may disqualify himself from presiding over a criminal trial or other criminal proceeding. (b) A judge, on motion of the State or the defendant, must disqualify himself from presiding over a criminal trial or other criminal proceeding if he is: (1) Prejudiced against the […]
15A-1224. Death or disability of trial judge. (a) If by reason of sickness or other disability a judge before whom the defendant is being tried is unable to continue presiding over the trial without the necessity of a continuance, he may in his discretion order a mistrial. (b) If by reason of absence, death, sickness, […]
15A-1225. Exclusion of witnesses. Upon motion of a party the judge may order all or some of the witnesses other than the defendant to remain outside of the courtroom until called to testify, except when a minor child is called as a witness the parent or guardian may be present while the child is testifying […]
15A-1225.1. Child witnesses; remote testimony. (a) Definitions: (1) Child. – For the purposes of this section, a minor who is under the age of 16 years old at the time of the testimony. (2) Criminal proceeding. – Any hearing or trial in a prosecution of a person charged with violating a criminal law of this […]
15A-1225.2. Witnesses with an intellectual or developmental disability; remote testimony. (a) Definitions. – The following definitions apply to this section: (1) The definitions set out in G.S. 122C-3. (2) Remote testimony. – A method by which a witness testifies outside of an open forum and outside of the physical presence of a party or parties. […]
15A-1225.3. Forensic analyst remote testimony. (a) Definitions. – The following definitions apply to this section: (1) Criminal proceeding. – Any hearing or trial in superior court in a prosecution of a person charged with violating a criminal law of this State and any hearing or proceeding conducted under Subchapter II of Chapter 7B of the […]
15A-1226. Rebuttal evidence; additional evidence. (a) Each party has the right to introduce rebuttal evidence concerning matters elicited in the evidence in chief of another party. The judge may permit a party to offer new evidence during rebuttal which could have been offered in the party’s case in chief or during a previous rebuttal, but […]
15A-1227. Motion for dismissal. (a) A motion for dismissal for insufficiency of the evidence to sustain a conviction may be made at the following times: (1) Upon close of the State’s evidence. (2) Upon close of all the evidence. (3) After return of a verdict of guilty and before entry of judgment. (4) After discharge […]
15A-1228. Notes by the jury. Except where the judge, on the judge’s own motion or the motion of any party, directs otherwise, jurors may make notes and take them into the jury room during their deliberations. (1977, c. 711, s. 1; 1993, c. 498.)
15A-1229. View by jury. (a) The trial judge in his discretion may permit a jury view. If a view is ordered, the judge must order the jury to be conducted to the place in question in the custody of an officer. The officer must be instructed to permit no person to communicate with the jury […]
15A-1230. Limitations on argument to the jury. (a) During a closing argument to the jury an attorney may not become abusive, inject his personal experiences, express his personal belief as to the truth or falsity of the evidence or as to the guilt or innocence of the defendant, or make arguments on the basis of […]
15A-1231. Jury instructions. (a) At the close of the evidence or at an earlier time directed by the judge, any party may tender written instructions. A party tendering instructions must furnish copies to the other parties at the time he tenders them to the judge. (b) Before the arguments to the jury, the judge must […]
15A-1232. Jury instructions; explanation of law; opinion prohibited. In instructing the jury, the judge shall not express an opinion as to whether or not a fact has been proved and shall not be required to state, summarize or recapitulate the evidence, or to explain the application of the law to the evidence. (1977, c. 711, […]
15A-1233. Review of testimony; use of evidence by the jury. (a) If the jury after retiring for deliberation requests a review of certain testimony or other evidence, the jurors must be conducted to the courtroom. The judge in his discretion, after notice to the prosecutor and defendant, may direct that requested parts of the testimony […]
15A-1234. Additional instructions. (a) After the jury retires for deliberation, the judge may give appropriate additional instructions to: (1) Respond to an inquiry of the jury made in open court; or (2) Correct or withdraw an erroneous instruction; or (3) Clarify an ambiguous instruction; or (4) Instruct the jury on a point of law which […]
15A-1235. Length of deliberations; deadlocked jury. (a) Before the jury retires for deliberation, the judge must give an instruction which informs the jury that in order to return a verdict, all 12 jurors must agree to a verdict of guilty or not guilty. (b) Before the jury retires for deliberation, the judge may give an […]
15A-1236. Admonitions to jurors; regulation and separation of jurors. (a) The judge at appropriate times must admonish the jurors that it is their duty: (1) Not to talk among themselves about the case except in the jury room after their deliberations have begun; (2) Not to talk to anyone else, or to allow anyone else […]
15A-1237. Verdict. (a) The verdict must be in writing, signed by the foreman, and made a part of the record of the case. (b) The verdict must be unanimous, and must be returned by the jury in open court. (c) If the jurors find the defendant not guilty on the ground that he was insane […]
