North Carolina § 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. History (1983 (Reg. Sess., 1984), c. 1039, s. 1; 2006-259, s. 13( l ).) Effect of Amendments. - Session Laws 2006-259, s. 13( l ), effective October 1, 2006, substituted "civil action, special proceeding, or estate or trust proceeding," for "civil action or special proceeding" in the first sentence. For applicability provisions, see Editor's note. Legal Periodicals. - For note, "A Public Goods Approach to Calculating Reasonable Fees Under Attorney Fee Shifting Statutes," see 1989 Duke L.J. 438. For article, "Defining North Carolina's Public Records and Open Meetings Feeshifting Provisions in the Larger National Context,” see 96 N.C.L. Rev. 1725 (2018).