reglab/statecodes huggingface dataset:
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-13 - Direct and indirect criminal contempt; proceedings required.

§ 5A-13. Direct and indirect criminal contempt; proceedings required.
(a) Criminal contempt is direct criminal contempt when the act:
(1) Is committed within the sight or hearing of a presiding judicial official; and
(2) Is committed in, or in immediate proximity to, the room where proceedings are being held before the court; and
(3) Is likely to interrupt or interfere with matters then before the court.
The presiding judicial official may punish summarily for direct criminal contempt according to the requirements of G.S. 5A-14 or may defer adjudication and sentencing as provided in G.S. 5A-15. If proceedings for direct criminal contempt are deferred, the judicial official must, immediately following the conduct, inform the person of his intention to institute contempt proceedings.
(b) Any criminal contempt other than direct criminal contempt is indirect criminal contempt and is punishable only after proceedings in accordance with the procedure required by G.S. 5A-15. (1977, c. 711, s. 3.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-14 - Summary proceedings for contempt.

§ 5A-14. Summary proceedings for contempt.
(a) The presiding judicial official may summarily impose measures in response to direct criminal contempt when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt.
(b) Before imposing measures under this section, the judicial official must give the person charged with contempt summary notice of the charges and a summary opportunity to respond and must find facts supporting the summary imposition of measures in response to contempt. The facts must be established beyond a reasonable doubt. (1977, c. 711, s. 3.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-15 - Plenary proceedings for contempt.

§ 5A-15. Plenary proceedings for contempt.
(a) When a judicial official chooses not to proceed summarily against a person charged with direct criminal contempt or when he may not proceed summarily, he may proceed by an order directing the person to appear before a judge at a reasonable time specified in the order and show cause why he should not be held in contempt of court. A copy of the order must be furnished to the person charged. If the criminal contempt is based upon acts before a judge which so involve him that his objectivity may reasonably be questioned, the order must be returned before a different judge.
(b) Proceedings under this section are before a district court judge unless a court superior to the district court issued the order, in which case the proceedings are before that court. Venue lies throughout the district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be, where the order was issued.
(c) The person ordered to show cause may move to dismiss the order.
(d) The judge is the trier of facts at the show cause hearing.
(e) The person charged with contempt may not be compelled to be a witness against himself in the hearing.
(f) At the conclusion of the hearing, the judge must enter a finding of guilty or not guilty. If the person is found to be in contempt, the judge must make findings of fact and enter judgment. The facts must be established beyond a reasonable doubt.
(g) The judge presiding over the hearing may appoint a prosecutor or, in the event of an apparent conflict of interest, some other member of the bar to represent the court in hearings for criminal contempt. (1977, c. 711, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 44.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-16 - Custody of person charged with criminal contempt.

§ 5A-16. Custody of person charged with criminal contempt.
(a) A judicial official may orally order that a person he is charging with direct criminal contempt be taken into custody and restrained to the extent necessary to assure his presence for summary proceedings or notice of plenary proceedings.
(b) If a judicial official who initiates plenary proceedings for contempt under G.S. 5A-15 finds, based on sworn statement or affidavit, probable cause to believe the person ordered to appear will not appear in response to the order, he may issue an order for arrest of the person, pursuant to G.S. 15A-305. A person arrested under this subsection is entitled to release under the provisions of Article 26, Bail, of Chapter 15A of the General Statutes. (1977, c. 711, s. 3.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 1 - Criminal Contempt. › § 5A-17 - Appeals; bail proceedings.

§ 5A-17. Appeals; bail proceedings.
(a) A person found in criminal contempt may appeal in the manner provided for appeals in criminal actions, except appeal from a finding of contempt by a judicial official inferior to a superior court judge is by hearing de novo before a superior court judge.
(b) Upon appeal in a case where the judicial official imposes confinement, a bail hearing shall be held within a reasonable time period after imposition of the confinement. The judicial official holding the bail hearing shall be:
(1) A district court judge if the confinement is imposed by a clerk or magistrate.
(2) A superior court judge if the confinement is imposed by a district court judge.
(3) A superior court judge other than the superior court judge that imposed the confinement.
(c) A person found in contempt and who has given notice of appeal may be retained in custody not more than 24 hours from the time of imposition of confinement without a bail determination being made by a judicial official as designated under subdivisions (1) through (3) of subsection (b) of this section. If a designated judicial official has not acted within 24 hours of the imposition of confinement, any judicial official shall act under the provisions of subsection (b) of this section and hold the bail hearing. (1977, c. 711, s. 3; 2013-303, s. 1.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 2 - Civil Contempt. › § 5A-21 - Civil contempt; imprisonment to compel compliance.

§ 5A-21. Civil contempt; imprisonment to compel compliance.
(a) Failure to comply with an order of a court is a continuing civil contempt as long as:
(1) The order remains in force;
(2) The purpose of the order may still be served by compliance with the order;
(2a) The noncompliance by the person to whom the order is directed is willful; and
(3) The person to whom the order is directed is able to comply with the order or is able to take reasonable measures that would enable the person to comply with the order.
(b) A person who is found in civil contempt may be imprisoned as long as the civil contempt continues, subject to the limitations provided in subsections (b1) and (b2) of this section. Notwithstanding subsection (b2) of this section, if a person is found in civil contempt for failure to pay child support or failure to comply with a court order to perform an act that does not require the payment of a monetary judgment, the person may be imprisoned as long as the civil contempt continues without further hearing.
(b1) A person who is found in civil contempt, but was not arrested, for failure to comply with a nontestimonial identification order issued pursuant to Article 14, Nontestimonial Identification Order, of Chapter 15A of the General Statutes may not be imprisoned more than 90 days unless the person is arrested on probable cause.
(b2) The period of imprisonment for a person found in civil contempt shall not exceed 90 days for the same act of disobedience or refusal to comply with an order of the court. A person who has not purged himself or herself of the contempt within the period of imprisonment imposed by the court under this subsection may be recommitted for one or more successive periods of imprisonment, each not to exceed 90 days. However, the total period of imprisonment for the same act of disobedience or refusal to comply with the order of the court shall not exceed 12 months, including both the initial period of imprisonment imposed under this section and any additional period of imprisonment imposed under this subsection. Before the court may recommit a person to any additional period of imprisonment under this subsection, the court shall conduct a hearing de novo. The court must enter a finding for or against the alleged contemnor on each of the elements of G.S. 5A-21(a), and must find that all of elements of G.S. 5A-21(a) continue to exist before the person can be recommitted. For purposes of this subsection, a person's failure or refusal to purge himself or herself of contempt shall not be deemed a separate or additional act of disobedience, failure, or refusal to comply with an order of the court.
(c) A person who is found in civil contempt under this Article shall not, for the same conduct, be found in criminal contempt under Article 1 of this Chapter.
(d) A person who is found in civil contempt under this Article is not subject to the imposition of a fine. (1977, c. 711, s. 3; 1979, 2nd Sess., c. 1080, s. 1; 1999-361, s. 1; 2015-210, s. 1.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 2 - Civil Contempt. › § 5A-22 - Release when civil contempt no longer continues.

§ 5A-22. Release when civil contempt no longer continues.
(a) A person imprisoned for civil contempt must be released when his civil contempt no longer continues. The order of the court holding a person in civil contempt must specify how the person may purge himself of the contempt. Upon finding compliance with the specifications, the sheriff or other officer having custody may release the person without a further order from the court.
(b) On motion of the contemnor, the court must determine if he is subject to release and, on an affirmative determination, order his release. The motion must be directed to the judge who found civil contempt unless he is not available. Then the motion must be made to a judge of the same division in the same district court district as defined in G.S. 7A-133 or superior court district or set of districts as defined in G.S. 7A-41.1, as the case may be. The contemnor may also seek his release under other procedures available under the law of this State. (1977, c. 711, s. 3; 1987 (Reg. Sess., 1988), c. 1037, s. 45.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 2 - Civil Contempt. › § 5A-25 - Proceedings as for contempt and civil contempt.

§ 5A-25. Proceedings as for contempt and civil contempt.
Whenever the laws of North Carolina call for proceedings as for contempt, the proceedings are those for civil contempt set out in this Article. (1977, c. 711, s. 3.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 3 - Contempt by Juveniles. › § 5A-31 - Contempt by a juvenile.

§ 5A-31. Contempt by a juvenile.
(a) Each of the following, when done by an unemancipated minor who (i) is at least six years of age, (ii) is not yet 18 years of age, and (iii) has not been convicted of any crime in superior court, is contempt by a juvenile:
(1) Willful behavior committed during the sitting of a court and directly tending to interrupt its proceedings.
(2) Willful behavior committed during the sitting of a court in its immediate view and presence and directly tending to impair the respect due its authority.
(3) Willful disobedience of, resistance to, or interference with a court's lawful process, order, directive, or instruction or its execution.
(4) Willful refusal to be sworn or affirmed as a witness, or, when so sworn or affirmed, willful refusal to answer any legal and proper question when the refusal is not legally justified.
(5) Willful or grossly negligent failure to comply with schedules and practices of the court resulting in substantial interference with the business of the court.
(6) Willful refusal to testify or produce other information upon the order of a judge acting pursuant to Article 61 of Chapter 15A of the General Statutes, Granting of Immunity to Witnesses.
(7) Willful communication with a juror in an improper attempt to influence the juror's deliberations.
(8) Any other act or omission specified in another Chapter of the General Statutes as grounds for criminal contempt.
(b) Contempt by a juvenile is direct contempt by a juvenile when each of the following conditions is met:
(1) The act is committed within the sight or hearing of a presiding judicial official.
(2) The act is committed in, or in the immediate proximity to, the room where proceedings are being held before the court.
(3) The act is likely to interrupt or interfere with matters then before the court.
(c) Contempt by a juvenile that is not direct contempt by a juvenile is indirect contempt by a juvenile. (2007-168, s. 1; 2017-57, s. 16D.4(m); 2018-142, s. 23(b).)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 3 - Contempt by Juveniles. › § 5A-32 - Direct contempt by a juvenile.

§ 5A-32. Direct contempt by a juvenile.
(a) A presiding judicial official may summarily impose measures in response to direct contempt by a juvenile when necessary to restore order or maintain the dignity and authority of the court and when the measures are imposed substantially contemporaneously with the contempt. Before imposing measures summarily, the judicial official shall do all of the following:
(1) Give the juvenile summary notice of the contempt allegation and a summary opportunity to respond.
(2) Appoint an attorney to represent the juvenile and allow time for the juvenile and attorney to confer.
(3) Find facts supporting the summary imposition of measures in response to contempt by a juvenile. The facts shall be established beyond a reasonable doubt.
(b) When a judicial official chooses not to proceed summarily, the official may enter an order appointing counsel for the juvenile and directing the juvenile to appear before a judge in a juvenile proceeding at a reasonable time specified in the order and show cause why the juvenile should not be held in contempt. A copy of the order shall be furnished to the juvenile and to the juvenile's attorney. If the direct contempt by a juvenile is based on acts before a judge that so involve the judge that the judge's objectivity may reasonably be questioned, the order shall be returned before a different judge presiding in juvenile court.
(c) After a determination is made pursuant to subsection (a) or (b) of this section that a juvenile has committed direct contempt, the court may order any or all of the following:
(1) That the juvenile be detained in a juvenile detention facility for up to five days.
(2) That the juvenile perform up to 30 hours of supervised community service as arranged by a juvenile court counselor.
(3) That the juvenile be required to undergo any evaluation necessary for the court to determine the needs of the juvenile.
The court shall not impose any of these sanctions without finding first that the juvenile's act or omission was willfully contemptuous or that the act or omission was preceded by a clear warning by the court that the conduct is improper.
(d) A judicial official who finds a juvenile in direct contempt may at any time terminate or reduce a sanction of detention or eliminate or reduce the number of hours of community service ordered if warranted by the juvenile's conduct and the ends of justice.
(e) A judicial official may orally order that a juvenile the official is charging with direct contempt be taken into custody and restrained to the extent necessary to assure the juvenile's presence for summary proceedings or notice of plenary proceedings.
(f) The clerk shall place a copy of any order or other paper issued pursuant to this section in the juvenile's juvenile file, if one exists, or in a new juvenile file.
(g) Appeal from an order finding a juvenile in direct contempt is to the Court of Appeals. (2007-168, s. 1.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 3 - Contempt by Juveniles. › § 5A-33 - Indirect contempt by a juvenile.

§ 5A-33. Indirect contempt by a juvenile.
Indirect contempt by a juvenile may be adjudged and sanctioned only pursuant to the procedures in Subchapter II of Chapter 7B of the General Statutes. (2007-168, s. 1.)
2023 North Carolina General Statutes › Chapter 5A - Contempt › Article 3 - Contempt by Juveniles. › § 5A-34 - When minor can be in contempt.

§ 5A-34. When minor can be in contempt.
(a) No act or omission by a minor younger than six years of age constitutes contempt.
(b) The provisions of Article 1 and Article 2 of this Chapter apply to acts or omissions by a minor who:
(1) Repealed by Session Laws 2017-57, s.16D.4(n), effective December 1, 2019.
(2) Is married or otherwise emancipated; or
(3) Before the act or omission, was convicted in superior court of any criminal offense. (2007-168, s. 1; 2017-57, s. 16D.4(n); 2018-142, s. 23(b).)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 1 - Generally. › § 6-1 - Items allowed as costs.

§ 6-1. Items allowed as costs.
To the party for whom judgment is given, costs shall be allowed as provided in Chapter 7A and this Chapter. (Code, s. 528; Rev., s. 1249; C.S., s. 1225; 1955, c. 922; 1971, c. 269, s. 1.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 1 - Generally. › § 6-3 - Sureties on prosecution bonds liable for costs.

§ 6-3. Sureties on prosecution bonds liable for costs.
When an action is brought in any court in which security is given for the prosecution thereof, or when any case is brought up to a court by an appeal or otherwise, in which security for the prosecution of the suit has been given, and judgment is rendered against the plaintiff for the costs of the defendant, the appellate court shall also give judgment against the surety for said costs, and execution may issue jointly against the plaintiff and his surety. (1831, c. 46; R.S., c. 31, s. 133; R.C., c. 31, s. 126; Code, s. 543; Rev., s. 1251; 1913, c. 189, s. 1; C.S., s. 1227.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 1 - Generally. › § 6-4 - Execution for unpaid costs; bill of costs to be attached.

§ 6-4. Execution for unpaid costs; bill of costs to be attached.
When costs are not paid by the party from whom they are due, the clerk of superior court shall issue an execution for the costs, and attach a bill of costs to each execution. The sheriff shall levy the execution as in other cases. (R.C., c. 102, s. 24; Code, s. 3762; Rev., s. 1252; C.S., s. 1228; 1969, c. 44, s. 17; 1971, c. 269, s. 2.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 1 - Generally. › § 6-7 - Clerk to enter costs in case file.

§ 6-7. Clerk to enter costs in case file.
The clerk of superior court shall enter in the case file, after judgment, the costs allowed by law. (Code, s. 532; Rev., s. 1255; C.S., s. 1231; 1971, c. 269, s. 3.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 2 - When State Liable for Costs. › § 6-13 - Civil actions by the State; joinder of private party.

§ 6-13. Civil actions by the State; joinder of private party.
In all civil actions prosecuted in the name of the State, by an officer duly authorized for that purpose, the State shall be liable for costs in the same cases and to the same extent as private parties. If a private person be joined with the State as plaintiff, he shall be liable in the first instance for the defendant's costs, which shall not be recovered of the State till after execution is issued therefor against such private party and returned unsatisfied. (Code, s. 536; Rev., s. 1259; C.S., s. 1236.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 2 - When State Liable for Costs. › § 6-14 - Civil action by and against State officers.

§ 6-14. Civil action by and against State officers.
In all civil actions depending, or which may be instituted, by any of the officers of the State, or which have been or shall be instituted against them, when any such action is brought or defended pursuant to the advice of the Attorney General, and the same is decided against such officers, the cost thereof shall be paid by the State Treasurer upon properly drawn warrants. (1874-75, c. 154; Code, s. 3373; Rev., s. 1260; C.S., s. 1237; 1971, c. 269, s. 4.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 2 - When State Liable for Costs. › § 6-15 - Actions by State for private persons, etc.

§ 6-15. Actions by State for private persons, etc.
In an action prosecuted in the name of the State for the recovery of money or property, or to establish a right or claim for the benefit of any county, city, town, village, corporation or person, costs awarded against the plaintiff shall be a charge against the party for whose benefit the action was prosecuted, and not against the State. (Code, s. 537; Rev., s. 1261; C.S., s. 1238.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 2 - When State Liable for Costs. › § 6-17 - Costs of State on appeals to federal courts.

§ 6-17. Costs of State on appeals to federal courts.
In all cases, whether civil or criminal, to which the State of North Carolina is a party, and which are carried from the courts of this State, or from the district court of the United States, by appeal or writ of error, to the United States circuit court of appeals, or to the Supreme Court of the United States, and the State is adjudged to pay the costs, it is the duty of the Attorney General to certify the amount of such costs to the Treasurer, who shall pay them upon properly drawn warrants. (1871-2, c. 26; Code, s. 538; Rev., s. 1263; C.S., s. 1240; 1971, c. 269, s. 5.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 2 - When State Liable for Costs. › § 6-17.1 - Costs and expenses of State in connection with federal litigation arising out of State cases.

§ 6-17.1. Costs and expenses of State in connection with federal litigation arising out of State cases.
In all cases of litigation in any court of the United States arising out of or by reason of any cases pending or tried in any court of the State of North Carolina, or in any action originally instituted in any court of the United States, the expenses for State court costs, securing of court records and transcripts, and other necessary expenses in representing the State of North Carolina or any of its departments, officials or agencies shall be allocated from and paid out of the State Contingency and Emergency Fund. (1963, c. 844.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-18 - When costs allowed as of course to plaintiff.

§ 6-18. When costs allowed as of course to plaintiff.
Costs shall be allowed of course to the plaintiff, upon a recovery, in the following cases:
(1) In an action for the recovery of real property, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial.
(2) In an action to recover the possession of personal property.
(3) In an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recovers less than fifty dollars ($50.00) damages, he shall recover no more costs than damages.
(4) When several actions are brought on one bond, recognizance, promissory note, bill of exchange or instrument in writing, or in any other case, for the same cause of action against several parties who might have been joined as defendants in the same action, no costs other than disbursements shall be allowed to the plaintiff in more than one of such actions, which shall be at his election, provided the party or parties proceeded against in such other action or actions were within the State and not secreted at the commencement of the previous action or actions.
(5) In an action brought under Article 1 of Chapter 19A.
(6) In any action brought under Article 7 of Chapter 93A of the General Statutes. (R.C., c. 31, s. 78; 1874-5, c. 119; Code, s. 525; Rev., s. 1264; C.S., s. 1241; 1971, c. 269, s. 6; 1979, c. 808, s. 5; 2023-117, s. 2.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-19 - When costs allowed as of course to defendant.

§ 6-19. When costs allowed as of course to defendant.
Costs shall be allowed as of course to the defendant, in the actions mentioned in G.S. 6-18 unless the plaintiff be entitled to costs therein. In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor or any of them. (C.C.P., s. 277; Code, ss. 526, 527; Rev., s. 1266; C.S., s. 1242; 2007-212, s. 1.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-19.1 - Attorney's fees to parties appealing or defending against agency decision.

§ 6-19.1. Attorney's fees to parties appealing or defending against agency decision.
(a) In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S. 150B-43 or any other appropriate provisions of law, unless the prevailing party is the State, the court may, in its discretion, allow the prevailing party to recover reasonable attorney's fees, including attorney's fees applicable to the administrative review portion of the case, in contested cases arising under Article 3 of Chapter 150B, to be taxed as court costs against the appropriate agency if:
(1) The court finds that the agency acted without substantial justification in pressing its claim against the party; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust. The party shall petition for the attorney's fees within 30 days following final disposition of the case. The petition shall be supported by an affidavit setting forth the basis for the request.
Nothing in this section shall be deemed to authorize the assessment of attorney's fees for the administrative review portion of the case in contested cases arising under Article 9 of Chapter 131E of the General Statutes.
Nothing in this section grants permission to bring an action against an agency otherwise immune from suit or gives a right to bring an action to a party who otherwise lacks standing to bring the action.
Any attorney's fees assessed against an agency under this section shall be charged against the operating expenses of the agency and shall not be reimbursed from any other source.
(b) Expired. (1983, c. 918, s. 1; 1987, c. 827, s. 1; 2000-190, s. 1; 2009-475, s. 8.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-20 - Costs allowed or not, in discretion of court.

§ 6-20. Costs allowed or not, in discretion of court.
In actions where allowance of costs is not otherwise provided by the General Statutes, costs may be allowed in the discretion of the court. Costs awarded by the court are subject to the limitations on assessable or recoverable costs set forth in G.S. 7A-305(d), unless specifically provided for otherwise in the General Statutes. (Code, s. 527; Rev., s. 1267; C.S., s. 1243; 2007-212, s. 2.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-21 - Costs allowed either party or apportioned in discretion of court.

§ 6-21. Costs allowed either party or apportioned in discretion of court.
Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:
(1) Application for years' support, for surviving spouse or children.
(2) Caveats to wills and any action or proceeding that may require the construction of any will or trust agreement, or fix the rights and duties of parties under any will or trust agreement. In any caveat proceeding under this subdivision, the court shall allow attorneys' fees for the attorneys of the caveators only if it finds that the proceeding has substantial merit.
(3) Habeas corpus. The court shall direct which officer shall tax the costs of the proceeding.
(4) In actions for divorce or alimony. The court may, both before and after judgment, make any order respecting the payment of costs incurred by either spouse from the sole and separate estate of either spouse, as may be just.
(5) Application for the establishment, alteration, or discontinuance of a public road, cartway, or ferry. The board of county commissioners in its discretion may assess the costs incurred before the board.
(6) The compensation of referees and commissioners to take depositions.
(7) All costs and expenses incurred in special proceedings for the partition of real or personal property under Chapter 46A of the General Statutes, except that attorneys' fees shall be assessed in accordance with G.S. 46A-3.
(8) In all proceedings under Chapter 156 of the General Statutes relating to drainage, except as otherwise provided in that Chapter.
(9) Repealed by Session Laws 2020-23, s. 10, effective October 1, 2020.
(10) In proceedings under Article 3 of Chapter 49 of the General Statutes regarding children born out of wedlock.
(11) In custody proceedings under Chapter 50A of the General Statutes.
(12) In actions brought for misappropriation of a trade secret under Article 24 of Chapter 66 of the General Statutes.
The word "costs" as used in this section includes reasonable attorneys' fees in whatever amounts the court in its discretion determines and allows. Attorneys' fees in actions for alimony, however, shall not be included in the costs as provided in this section but shall be determined and provided for in accordance with G.S. 50-16.4. (Code, ss. 533, 1294, 1323, 1422, 1660, 2039, 2056, 2134, 2161; 1889, c. 37; 1893, c. 149, s. 6; Rev., s. 1268; C.S., s. 1244; 1937, c. 143; 1955, c. 1364; 1965, c. 633; 1967, c. 993, s. 2; c. 1152, s. 5; 1977, c. 576; 1979, c. 110, s. 3; 1981, c. 809, s. 1; c. 890, s. 2; 2013-198, s. 1; 2020-23, ss. 7, 10.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-21.1 - Allowance of counsel fees as part of costs in certain cases.

§ 6-21.1. Allowance of counsel fees as part of costs in certain cases.
(a) In any personal injury or property damage suit, or suit against an insurance company under a policy issued by the defendant insurance company in which the insured or beneficiary is the plaintiff, instituted in a court of record, upon findings by the court (i) that there was an unwarranted refusal by the defendant to negotiate or pay the claim which constitutes the basis of such suit, (ii) that the amount of damages recovered is twenty-five thousand dollars ($25,000) or less, and (iii) that the amount of damages recovered exceeded the highest offer made by the defendant no later than 90 days before the commencement of trial, the presiding judge may, in the judge's discretion, allow a reasonable attorneys' fees to the duly licensed attorneys representing the litigant obtaining a judgment for damages in said suit, said attorneys' fees to be taxed as a part of the court costs. The attorneys' fees so awarded shall not exceed ten thousand dollars ($10,000).
(b) When the presiding judge determines that an award of attorneys' fees is to be made under this statute, the judge shall issue a written order including findings of fact detailing the factual basis for the finding of an unwarranted refusal to negotiate or pay the claim, and setting forth the amount of the highest offer made 90 days or more before the commencement of trial, and the amount of damages recovered, as well as the factual basis and amount of any such attorneys' fees to be awarded. (1959, c. 688; 1963, c. 1193; 1967, c. 927; 1969, c. 786; 1979, c. 401; 1985 (Reg. Sess., 1986), c. 976; 2011-283, s. 3.1; 2011-317, s. 1.1; 2013-159, s. 5.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-21.4 - Allowance of counsel fees and costs in certain cases involving principals or teachers.

§ 6-21.4. Allowance of counsel fees and costs in certain cases involving principals or teachers.
In any civil action brought against a public school principal or teacher as defined in G.S. 115C-390 arising or resulting from the use of corporal punishment, upon a determination that the principal or teacher has prevailed and that the plaintiff's action was frivolous or without substantial merit, the presiding judge may, in his discretion, allow a reasonable attorney fee to the duly licensed attorney representing the principal or teacher. The attorney's fee shall be taxed as part of the court costs. (1981, c. 381, s. 1; c. 682, s. 22.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-21.5 - Attorney's fees in nonjusticiable cases.

§ 6-21.5. Attorney's fees in nonjusticiable cases.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any pleading. The filing of a general denial or the granting of any preliminary motion, such as a motion for judgment on the pleadings pursuant to G.S. 1A-1, Rule 12, a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), a motion for a directed verdict pursuant to G.S. 1A-1, Rule 50, or a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, is not in itself a sufficient reason for the court to award attorney's fees, but may be evidence to support the court's decision to make such an award. A party who advances a claim or defense supported by a good faith argument for an extension, modification, or reversal of law may not be required under this section to pay attorney's fees. The court shall make findings of fact and conclusions of law to support its award of attorney's fees under this section. (1983 (Reg. Sess., 1984), c. 1039, s. 1; 2006-259, s. 13(l).)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-21.7 - Attorneys' fees; cities or counties acting outside the scope of their authority.

§ 6-21.7. Attorneys' fees; cities or counties acting outside the scope of their authority.
In any action in which a city or county is a party, upon a finding by the court that the city or county violated a statute or case law setting forth unambiguous limits on its authority, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the city's or county's action. In any action in which a city or county is a party, upon finding by the court that the city or county took action inconsistent with, or in violation of, G.S. 160D-108(b) or G.S. 143-755, the court shall award reasonable attorneys' fees and costs to the party who successfully challenged the local government's failure to comply with any of those provisions. In all other matters, the court may award reasonable attorneys' fees and costs to the prevailing private litigant. For purposes of this section, "unambiguous" means that the limits of authority are not reasonably susceptible to multiple constructions. (2011-299, s. 1; 2019-111, s. 1.11; 2020-25, s. 1.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-22 - Petitioner to pay costs in certain cases.

§ 6-22. Petitioner to pay costs in certain cases.
The petitioner shall pay the costs in the following proceedings:
(1) In petitions for draining or damming lowlands where the petitioner alone is benefited.
(2) In petitions for condemnation of water millsites when the petitioner is allowed to erect the mill; but when he is not allowed to erect the mill, the costs shall be paid by the person who is allowed to do so.
(3) In petitions for condemnation of land for railroads, street railways, telegraph, telephone or electric power or light companies, or for water supplies for public institutions, or for the use of other quasi-public or municipal corporations; unless in the opinion of the superior court the defendant improperly refused the privilege, use or easement demanded, in which case the costs must be adjudged as to the court may appear equitable and just.
(4) When the petition is refused. (Code, ss. 1299, 1855, 2013; 1893, c. 63; 1903, c. 562; Rev., s. 1269; C.S., s. 1245; 1945, c. 635.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-23 - Defendant unreasonably defending after notice of no personal claim to pay costs.

§ 6-23. Defendant unreasonably defending after notice of no personal claim to pay costs.
In case of a defendant, against whom no personal claim is made, the plaintiff may deliver to such defendant with the summons, a notice subscribed by the plaintiff or his attorney, setting forth the general object of the action, a brief description of the property affected by it, if it affects real or personal property, and that no personal claim is made against such defendant. If a defendant on whom such notice is served unreasonably defends the action, he shall pay costs to the plaintiff. (Code, s. 216; Rev., s. 1270; C.S., s. 1246.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-24 - Suits by an indigent; payment of costs by an indigent.

§ 6-24. Suits by an indigent; payment of costs by an indigent.
A person who sues as an indigent is not required to advance the required court costs and no officer shall require any fee of the person. If a court enters a judgment in favor of a person suing as an indigent and does not require another party to the suit to pay the costs of the suit, the court may require the indigent person to pay any costs of the suit that were not required to be paid because the person was indigent. (1868-9, c. 96, s. 3; Code, s. 212; 1895, c. 149; Rev., s. 1265; C.S., s. 1247; 1993, c. 435, s. 5.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-25 - Party seeking recovery on usurious contracts; no costs.

§ 6-25. Party seeking recovery on usurious contracts; no costs.
No costs shall be recovered by any party, whether plaintiff or defendant, who may endeavor to recover upon any usurious contract. (1895, c. 69; Rev., s. 1271; C.S., s. 1248.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-26 - Costs in special proceedings.

§ 6-26. Costs in special proceedings.
The costs in special proceedings shall be as allowed in civil actions, unless otherwise specially provided. (Code, s. 541; Rev., s. 1272; C.S., s. 1249.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-28 - Costs of laying off homestead and exemption.

§ 6-28. Costs of laying off homestead and exemption.
The costs and expenses of appraising and laying off the homestead or personal property exemptions, when the same is made under execution, shall be charged and included in the officer's bill of fees upon such execution or other final process; and when made upon the petition of the owner, they shall be paid by such owner, and the latter costs shall be a lien on said homestead. (Code, s. 510; Rev., s. 1274; C.S., s. 1251.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-29 - Costs of reassessment of homestead.

§ 6-29. Costs of reassessment of homestead.
If the superior court at term shall confirm the appraisal or assessment, or shall increase the exemption allowed the debtor or claimant, the levy shall stand only upon the excess remaining, and the creditor shall pay all the costs of the proceeding in court. If the amount allowed the debtor or claimant is reduced, the costs of the proceeding in court shall be paid by the debtor or claimant, and the levy shall cover the excess then remaining. (Code, s. 521; Rev., s. 1275; C.S., s. 1252.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-30 - Costs against infant plaintiff; guardian responsible.

§ 6-30. Costs against infant plaintiff; guardian responsible.
When costs are adjudged against an infant plaintiff, the guardian by whom he appeared in the action shall be responsible therefor. (Code, s. 534; Rev., s. 1276; C.S., s. 1253.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-31 - Costs where executor, administrator, trustee of express trust, or person authorized by statute a party.

§ 6-31. Costs where executor, administrator, trustee of express trust, or person authorized by statute a party.
In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by and against a person prosecuting or defending in his own right; but such costs shall be chargeable only upon or collected out of the estate, fund or party represented, unless the court directs the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in such action or defense. And when any claim against a deceased person is referred, the prevailing party shall be entitled to recover the fees of referees and witnesses, and other necessary disbursements, to be taxed according to law. (Code, s. 535; Rev., s. 1277; C.S., s. 1254.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 3 - Civil Actions and Proceedings. › § 6-32 - Costs against assignee after action brought.

§ 6-32. Costs against assignee after action brought.
In actions in which the cause of action becomes by assignment after the commencement of the action, or in any other manner, the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party. (Code, s. 539; Rev., s. 1278; C.S., s. 1255.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 4 - Costs on Appeal. › § 6-33 - Costs on appeal generally.

§ 6-33. Costs on appeal generally.
On appeal from a magistrate or any court of the General Court of Justice, if the appellant recovers judgment, he shall recover the costs of the appeal and also those costs he ought to have recovered below had the judgment of that court been correct. If in any court of appeal there is judgment for a new trial, or for a new jury, or if the judgment appealed from is not wholly reversed, but partly affirmed and partly disaffirmed, the costs shall be in the discretion of the appellate court. (Code, s. 540; Rev., s. 1279; C.S., s. 1256; 1969, c. 44, s. 19; 1971, c. 269, s. 7.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 5 - Liability of Counties in Criminal Actions. › § 6-40 - Liability of counties, where trial removed from one county to another.

§ 6-40. Liability of counties, where trial removed from one county to another.
When a prisoner is sent from one county to another to be held for trial, or for any other cause or purpose, the county from which he is sent shall pay his jail expenses, unless they are collected from the prisoner. (1889, c. 354; 1901, c. 718; Rev., s. 1285; C.S., s. 1263; 1971, c. 269, s. 8.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 6 - Liability of Defendant in Criminal Actions. › § 6-47 - Judgment confessed; bond given to secure fine and costs.

§ 6-47. Judgment confessed; bond given to secure fine and costs.
In cases where a court permits a defendant convicted of any criminal offense to give bond or confess judgment, with sureties to secure the fine and costs which may be imposed, the acceptance of such security shall be upon the condition that it shall not operate as a discharge of the original judgment against the defendant nor as a discharge of his person from the custody of the law until the fine and costs are paid. (1879, c. 264; Code, s. 749; 1885, c. 364; Rev., s. 1293; C.S., s. 1269; 1971, c. 269, s. 9.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 6 - Liability of Defendant in Criminal Actions. › § 6-48 - Arrest for nonpayment of fine and costs.

§ 6-48. Arrest for nonpayment of fine and costs.
In default of payment of such fine and costs, it is the duty of the court at any subsequent term thereof, on motion of the solicitor of the State, to order a capias to issue to the end that such defendant may be again arrested and held for the fine and costs until discharged according to law. (1879, c. 264; Code, s. 750; 1885, c. 364; Rev., s. 1294; C.S., s. 1270; 1971, c. 269, s. 10.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 7 - Liability of Prosecuting Witness for Costs. › § 6-49 - Prosecuting witness liable for costs in certain cases; court determines prosecuting witness.

§ 6-49. Prosecuting witness liable for costs in certain cases; court determines prosecuting witness.
In all criminal actions in any court, if the defendant is acquitted, nolle prosequi entered, or judgment against him is arrested, or if the defendant is discharged from arrest for want of probable cause, the costs, including the fees of all witnesses whom the judge before whom the trial took place shall certify to have been proper for the defense and prosecution, shall be paid by the prosecuting witness, whether marked on the bill or warrant or not, whenever the judge is of the opinion that there was not reasonable ground for the prosecution, or that it was not required by the public interest. If a greater number of witnesses have been summoned than were, in the opinion of the court, necessary to support the charge, the court may, even though it is of the opinion that there was reasonable ground for the prosecution, order the prosecuting witness to pay the attendance fees of such witnesses, if it appear that they were summoned at the prosecuting witness's special request.
Every judge is authorized to determine who the prosecuting witness is at any stage of a criminal proceeding, whether before or after the bill of indictment has been found, or the defendant acquitted: Provided, that no person shall be made a prosecuting witness after the finding of the bill, unless he shall have been notified to show cause why he should not be made the prosecuting witness of record. (1799, c. 4, s. 19, P.R.; 1880, c. 558, P.R.; R.C., c. 35, s. 37; 1868-9, c. 277; 1874-5, c. 151; 1879, c. 49; Code, s. 737; 1889, c. 34; Rev., s. 1295; C.S., s. 1271; 1947, c. 781; 1953, c. 675, s. 1; 1971, c. 269, s. 11.)
2023 North Carolina General Statutes › Chapter 6 - Liability for Court Costs › Article 7 - Liability of Prosecuting Witness for Costs. › § 6-50 - Imprisonment of prosecuting witness for willful nonpayment of costs if prosecution frivolous.

§ 6-50. Imprisonment of prosecuting witness for willful nonpayment of costs if prosecution frivolous.
Every such prosecuting witness may be adjudged not only to pay the costs, but he shall also be imprisoned for the willful nonpayment thereof, when the judge before whom the case was tried shall adjudge that the prosecution was frivolous or malicious. (1800, c. 558; R.C., c. 35, s. 37; 1879, c. 49; 1881, c. 176; Code, s. 738; Rev., s. 1297; C.S., s. 1272; 1971, c. 269, s. 11.1.)