NC General Statutes

N.C. Gen. Stat. § 1-181 (2026)

Requests for special instructions

✓ current as of July 2026

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(a) Requests for special instructions to the jury must be -

(1) In writing,

(2) Entitled in the cause, and

(3) Signed by counsel submitting them.

(b) Such requests for special instructions must be submitted to the trial judge before the judge's charge to the jury is begun. However, the judge may, in his discretion, consider such requests regardless of the time they are made.

(c) Written requests for special instructions shall, after their submission to the judge, be filed as a part of the record of the same. (C.C.P., s. 239; Code, s. 415; Rev., s. 538; C.S., s. 565; 1951, c. 837, s. 6.)

Notes of Decisions

Cited in 57 cases (4 in the last 5 years), 1945–2026 · leading case: State v. Craig, 606 S.E.2d 387 (N.C. Ct. App. 2005).

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State v. Craig, 606 S.E.2d 387 (N.C. Ct. App. 2005). · cites it 11× “On appeal, Defendant argues the trial court erred by failing to give the jury a special instruction on justification as a defense to possession of a firearm by a felon. We disagree. In North Carolina, requests for special jury instructions are allowable under N.”

State v. Gettys, 777 S.E.2d 351 (N.C. Ct. App. 2015). · cites it 9× “(b) Such requests for special instructions must be submitted to the trial judge before the judge's charge to the jury is begun.”

State v. White, 508 S.E.2d 253 (N.C. 1998). · cites it 3× “Counsel also did not object when given the opportunity either at the charge conference or after the charge had been given.”

Swink v. Weintraub, 672 S.E.2d 53 (N.C. Ct. App. 2009). · cites it 6× “N.C. Gen. Stat. § 1-181 (2007) and Rule 51(b) of the Rules of Civil Procedure require that requests for special instructions — i.”

State v. McNeil, 674 S.E.2d 813 (N.C. Ct. App. 2009). · cites it 5× “N.C. Gen. Stat. §§ 1-181 , 1A-1, Rule 51(b) (2003).”

Rowan Cnty. Bd. of Educ. v. United States Gypsum Co., 407 S.E.2d 860 (N.C. Ct. App. 1991). · cites it 4× “*871 As for the first issue, it is sufficient to note that Gypsum's request did not comply with N.C.Gen.Stat. § 1-181 (1983) and N.C.Gen.”

State v. Agnew, 241 S.E.2d 684 (N.C. 1978). · cites it 2× “The requested instructions were submitted to the court shortly before it was to charge the jury, at which time the judge stated that he would not read them to the jury because they had been tendered too late.”

State v. Bowman, 656 S.E.2d 638 (N.C. Ct. App. 2008). · cites it 2× “Instruction on Aiding and Abetting Statutory Rape Defendant argues the trial court erred by denying his request for an instruction that defendant had to know the age of the victims in order to be convicted of aiding and abetting statutory rape.”

BSK Enters., Inc. v. Beroth Oil Co., 783 S.E.2d 236 (N.C. Ct. App. 2016). · cites it 2× “*251 II Defendant next argues that the trial court erred in submitting the damages issue related to diminution in value to the jury and omitting duty to mitigate instructions because plaintiffs refused to connect to municipal water.”

State v. Napier, 560 S.E.2d 867 (N.C. Ct. App. 2002). · cites it 2× “On appeal, defendant argues that the trial court abused its discretion in denying his request for a jury instruction on justification as a defense to the charge of possession of a firearm by a felon.”

Est. of Smith, by & Through Smith v. Underwood, 487 S.E.2d 807 (N.C. Ct. App. 1997). · cites it 2× “” Assuming arguendo that the request complied with the requirements of G.S. § 1-181 and G.S. § 1A-1, Rule 51(b), the court’s refusal to give the request was not error.”

In Re Will of Hall, 113 S.E.2d 1 (N.C. 1960). · cites it 3× “" G.S. § 1-181. Where the prayer for special instructions is properly presented, the court "* * * is not required to give them in the exact words used, and a substantial compliance with the request is sufficient.”

Show all 57 citing cases →

— N.C. Gen. Stat. § 1-181(3) — 1 case

Wood v. Nelson, 168 S.E.2d 712 (N.C. Ct. App. 1969).

— N.C. Gen. Stat. § 1-181(a)(1) — 2 cases

State v. Gettys, 777 S.E.2d 351 (N.C. Ct. App. 2015). “(b) Such requests for special instructions must be submitted to the trial judge before the judge's charge to the jury is begun.”

BSK Enters., Inc. v. Beroth Oil Co., 783 S.E.2d 236 (N.C. Ct. App. 2016). “*251 II Defendant next argues that the trial court erred in submitting the damages issue related to diminution in value to the jury and omitting duty to mitigate instructions because plaintiffs refused to connect to municipal water.”

— N.C. Gen. Stat. § 1-181(b) — 1 case

State v. Gettys, 777 S.E.2d 351 (N.C. Ct. App. 2015). “(b) Such requests for special instructions must be submitted to the trial judge before the judge's charge to the jury is begun.”

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