In one sentenceRule 51 bars a judge from commenting on the facts or the verdict, sets the procedure for requesting special jury instructions, and requires written instructions in certain civil cases.
(a)Judge to explain law but give no opinion on facts. – In charging the jury in any action governed by these rules, a judge shall not give an opinion as to whether or not a fact is fully or sufficiently proved and shall not be required to state, summarize or recapitulate the evidence, or to
explain the application of the law to the evidence. If the judge undertakes to state the contentions of the parties, he shall give equal stress to the contentions of each party.
(b)Requests for special instructions. – Requests for special instructions must be in writing, entitled in the cause, and signed by the counsel or party submitting them. Such requests for special instructions must be submitted to the judge before the judge's charge to the jury is begun. The judge may, in his discretion, consider such requests regardless of the time they are made. Written requests for special instructions shall, after their submission to the judge, be filed with the clerk as a part of the record.
(c)Judge not to comment on verdict. – The judge shall make no comment on any verdict in open court in the presence or hearing of any member of the jury panel; and if any judge shall make any comment as herein prohibited or shall praise or criticize any jury on account of its verdict, whether such praise, criticism or comment be made inadvertently or intentionally, such praise, criticism or comment by the judge shall for any party to any other action remaining to be tried constitute valid grounds as a matter of right for a continuance of any action to a time when all members of the jury panel are no longer serving. The provisions of this section shall not be applicable upon the hearing of motions for a new trial or for judgment notwithstanding the verdict.
(d)Final instructions to the jury. – In civil cases subject to G.S. 90-21.11(2), the court shall reduce the oral instructions given to the jury to writing. Upon the jury retiring for deliberation, the court is encouraged to and may provide the jury a written copy of the oral instructions for the jury to take into the jury room during deliberation.
Amendment History
(1967, c. 954, s. 1; 1985, c. 537, s. 2; 2021-47, s. 1(a).)
Plain-English Summary
Rule 51(a) bars a judge from giving an opinion on whether a fact has been proven, and doesn't require the judge to summarize the evidence or apply the law to the facts -- though if the judge does summarize the parties' contentions, equal weight must go to each side. Rule 51(b) requires requests for special instructions to be in writing, captioned in the case, signed by the requesting counsel or party, and submitted before the judge's charge to the jury begins (though the judge may consider late requests); submitted written requests are filed with the clerk as part of the record.
Rule 51(c) bars the judge from commenting on any verdict within the jury panel's presence or hearing; improper comment, praise, or criticism -- inadvertent or intentional -- entitles any other party with a case still to be tried to a continuance until every member of that jury panel is no longer serving, though this doesn't apply at a hearing on a new-trial or judgment-notwithstanding- the-verdict motion. Rule 51(d) requires the court, in civil cases covered by G.S. 90-21.11(2), to put its oral jury instructions in writing, and encourages -- without requiring -- letting the jury take a written copy into deliberations.
Frequently Asked Questions
Can a judge tell the jury whether a fact has been proven?
No. Rule 51(a) bars the judge from giving an opinion on whether a fact is fully or sufficiently proved.
How does a party request a special jury instruction?
By submitting a written, captioned, signed request before the judge's charge to the jury begins -- though the judge has discretion to consider a late request.
What happens if a judge improperly comments on a jury's verdict?
Any other party with a case still to be tried before that same jury panel is entitled to a continuance until none of that panel's members are still serving.
Source & verification. The rule text and history citation are reproduced verbatim from the
official North Carolina General Statutes, Chapter 1A (N.C. R. Civ. P. 51). Enacted by the North Carolina General Assembly (S.L. 1967, c. 954, codified at N.C.G.S. § 1A-1). The plain-English summary is original and written by us. Last verified July 3, 2026. ·
Official source
Also known as:jury instructionsjudge commenting on the evidencespecial jury instruction requestjudge commenting on the verdictwritten jury instructionscharge to the jury