State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_6 > GS_6-21

§6‑21.  Costs allowed either party or apportioned in discretion of court.

Costs in the following mattersshall be taxed against either party, or apportioned among the parties, in thediscretion of the court:

(1)        Application foryears' support, for surviving spouse or children.

(2)        Caveats to wills andany action or proceeding which may require the construction of any will ortrust agreement, or fix the rights and duties of parties thereunder; provided,that in any caveat proceeding under this subdivision, the court shall allowattorneys' fees for the attorneys of the caveators only if it finds that theproceeding has substantial merit.

(3)        Habeas corpus; andthe court shall direct what officer shall  tax the costs thereof.

(4)        In actions fordivorce or alimony; and the court may both before and after judgment make suchorder respecting the payment of such costs as may be incurred by either spousefrom the sole and separate estate of either spouse, as may be just.

(5)        Application for theestablishment, alteration or discontinuance of a public road, cartway or ferry.The board of county commissioners may order the costs incurred before them paidin their discretion.

(6)        The compensation ofreferees and commissioners to take depositions.

(7)        All costs and expensesincurred in special proceedings for the division or sale of either real estateor personal property under the Chapter entitled Partition.

(8)        In all proceedingsunder the Chapter entitled Drainage, except as therein otherwise provided.

(9)        In proceedings forreallotment of homestead for increase in value, as provided in the Chapter,Civil Procedure.

(10)      In proceedingsregarding illegitimate children under Article 3, Chapter 49 of the GeneralStatutes.

(11)      In custodyproceedings under Chapter 50A of the General Statutes.

(12)      In actions broughtfor misappropriation of a trade secret under Article 24 of Chapter 66 of theGeneral Statutes.

The word "costs" asthe same appears and is used in this section  shall be construed to includereasonable attorneys' fees in such amounts as the court shall in its discretiondetermine and allow: provided that attorneys' fees in actions for alimony shallnot be included in the costs as provided herein, but shall be determined andprovided 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.)