North Carolina General Statutes 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(1) Repealed by Session Laws 1995 (Regular Session 1996), c. 725, s. 10.
Terms Used In North Carolina General Statutes 15A-1221
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Charge to the jury: The judge's instructions to the jury concerning the law that applies to the facts of the case on trial.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- filed: means :
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1a) Unless the defendant has filed a written request for an arraignment, the court must enter a not guilty plea on behalf of the defendant in accordance with N.C. Gen. Stat. § 15A-941 If a defendant does file a written request for an arraignment, then the defendant must be arraigned and must have his or her plea recorded out of the presence of the prospective jurors in accordance with N.C. Gen. Stat. § 15A-941
(2) The judge must inform the prospective jurors of the case in accordance with N.C. Gen. Stat. § 15A-1213
(3) The jury must be sworn, selected and impaneled in accordance with Article 72, Selecting and Impaneling the Jury.
(4) Each party must be given the opportunity to make a brief opening statement, but the defendant may reserve his opening statement.
(5) The State must offer evidence.
(6) The defendant may offer evidence and, if he has reserved his opening statement, may precede his evidence with that statement.
(7) The State and the defendant may then offer successive rebuttals as provided in N.C. Gen. Stat. § 15A-1226
(8) At the conclusion of the evidence, the parties may make arguments to the jury in accordance with the provisions of N.C. Gen. Stat. § 15A-1230
(9) The judge must deliver a charge to the jury in accordance with the provisions of N.C. Gen. Stat. § 15A-1231 and 15A-1232.
(10) The jury must retire to deliberate.
(b) At no time during the selection of the jury or during trial may any person read the indictment to the prospective jurors or to the jury. (1977, c. 711, s. 1; 1977, 2nd Sess., c. 1147, s. 2; 1995 (Reg. Sess., 1996), c. 725, s. 10; 2021-94, s. 2.)