§ 15A-1234. Additional instructions. - North Carolina Statutes

§15A‑1234.  Additional instructions.

(a)        After the juryretires for deliberation, the judge may give appropriate additionalinstructions to:

(1)        Respond to aninquiry of the jury made in open court; or

(2)        Correct or withdrawan erroneous instruction; or

(3)        Clarify an ambiguousinstruction; or

(4)        Instruct the jury ona point of law which should have been covered in the original instructions.

(b)        At any time thejudge gives additional instructions, he may also give or repeat otherinstructions to avoid giving undue prominence to the additional instructions.

(c)        Before the judgegives additional instructions, he must inform  the parties generally of theinstructions he intends to give and afford them an opportunity to be heard. Theparties upon request must be permitted additional argument to the jury if theadditional instructions change, by restriction or enlargement, the permissibleverdicts of the jury. Otherwise, the allowance of additional argument is withinthe discretion of the judge.

(d)        All additionalinstructions must be given in open court and must be made a part of the record.(1977, c. 711, s. 1.)