The court's instruction on this issue was not prejudicial. Having resolved those arguments in favor of defendants, we need not address further assignments of error based on those arguments alone. Defendants argue on appeal that while the trial court may award or decline to award witness fees as an exercise of discretion, it may not decline to exercise its discretion by making this determination as a matter of law. This argument does not apply where, as here, the witness was not subpoenaed. An expert witness, other than a salaried State, county, or municipal law- enforcement officer, shall receive such compensation and allowances as the court, or the Judicial Standards Commission, in its discretion, may authorize.
Defendants overlook the importance of the language of the very statute they cite.
The Williams case did not address subpoenas, so defendants' reliance on it is misplaced. 107 N.C. App. In Brandenburg, the appellant also sought to recover fees incurred during discovery proceedings but this request was denied for lack of subpoena. As such, the trial court properly denied, as a matter of law, defendants' motion for an assessment of witness fees incurred in the deposition of Gorlesky. For the reasons stated, we find no error with the judgment and order of the trial court with regards to plaintiff's appeal.