North Carolina § 7A-305 - Costs in civil actions.

§ 7A-305. Costs in civil actions.

In every civil action in the superior or district court, except for actions brought under Chapter 50B of the General Statutes, shall be assessed: For the use of the courtroom and related judicial facilities, the sum of twelve dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen dollars ($16.00) in district and superior court, to be remitted to the county in which the judgment is rendered, except that in all cases in which the judgment is rendered in facilities provided by a municipality, the facilities fee shall be paid to the municipality. Funds derived from the facilities fees shall be used in the same manner, for the same purposes, and subject to the same restrictions, as facilities fees assessed in criminal actions. For the upgrade, maintenance, and operation of the judicial and county courthouse telecommunications and data connectivity, the sum of four dollars ($4.00), to be credited to the Court Information Technology Fund. For support of the General Court of Justice, the sum of one hundred eighty dollars ($180.00) in the superior court and the sum of one hundred thirty dollars ($130.00) in the district court except that if the case is assigned to a magistrate the sum shall be eighty dollars ($80.00). If a case is designated as a mandatory complex business case under G.S. 7A-45.4, upon assignment to a Business Court Judge, the party filing the designation shall pay an additional one thousand one hundred dollars ($1,100) for support of the General Court of Justice. If a case is designated as a complex business case under Rule 2.1 and Rule 2.2 of the General Rules of Practice for the Superior and District Courts, upon assignment to a Business Court Judge, the plaintiff shall pay an additional one thousand one hundred dollars ($1,100) for support of the General Court of Justice. Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19. Costs apply to any and all additional and subsequent actions filed by amendment or counterclaim to the original action brought under Chapter 50B of the General Statutes, unless such additional and subsequent amendment or counterclaim to the action is limited to requests for relief authorized by Chapter 50B of the General Statutes. In every action for absolute divorce filed in the district court, a cost of seventy-five dollars ($75.00) shall be assessed against the person filing the divorce action. Costs collected by the clerk pursuant to this subsection shall be remitted to the State Treasurer, who shall deposit seventy-five dollars ($75.00) to the Domestic Violence Center Fund established under G.S. 50B-9. Costs assessed under this subsection shall be in addition to any other costs assessed under this section. , (a4) Repealed by Session Laws 2008-118, s. 2.9(c), effective July 1, 2008. In every civil action in the superior or district court wherein a party files a pleading containing one or more counterclaims, third-party complaints, or cross-claims, except for counterclaim and cross-claim actions brought under Chapter 50B of the General Statutes for which costs are assessed pursuant to subsection (a1) of this section, the following shall be assessed: For the use of the courtroom and related judicial facilities, the sum of twelve dollars ($12.00) in cases heard before a magistrate, and the sum of sixteen dollars ($16.00) in district and superior court, to be remitted to the municipality providing the facilities in which the judgment is rendered. If a municipality does not provide the facilities in which the judgment is rendered, the sum is to be remitted to the county in which the judgment is rendered. Funds derived from the facilities' fees shall be used in the same manner, for the same purposes, and subject to the same restrictions as facilities' fees assessed in criminal actions. For the upgrade, maintenance, and operation of the judicial and county courthouse phone systems, the sum of four dollars ($4.00), to be credited to the Court Information Technology Fund. For support of the General Court of Justice, the sum of one hundred eighty dollars ($180.00) in the superior court, except that if a case is assigned to a special superior court judge as a complex business case under G.S. 7A-45.3, filing fees shall be collected and disbursed in accordance with subsection (a) of this section, and the sum of one hundred thirty dollars ($130.00) in the district court, except that if the case is assigned to a magistrate, the sum shall be eighty dollars ($80.00). Sums collected under this subdivision shall be remitted to the State Treasurer. The State Treasurer shall remit the sum of ninety-five cents ($.95) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.19. On appeal, costs are cumulative, and when cases heard before a magistrate are appealed to the district court, the General Court of Justice fee and the facilities fee applicable in the district court shall be added to the fees assessed before the magistrate. When an order of the clerk of the superior court is appealed to either the district court or the superior court, no additional General Court of Justice fee or facilities fee shall be assessed. When a defendant files an answer in an action filed as a small claim which requires the entire case to be withdrawn from a magistrate and transferred to the district court, the difference between the General Court of Justice fee and facilities fee applicable to the district court and the General Court of Justice fee and facilities fee applicable to cases heard by a magistrate shall be assessed. The defendant is responsible for paying the fee. The clerk of superior court, at the time of the filing of the papers initiating the action or the appeal, shall collect as advance court costs, the facilities fee, General Court of Justice fee, and the divorce fee imposed under subsection (a2) of this section, except in suits by an indigent. The clerk shall also collect the fee for discovery procedures under Rule 27(a) and (b) at the time of the filing of the verified petition. The following expenses, when incurred, are assessable or recoverable, as the case may be. The expenses set forth in this subsection are complete and exclusive and constitute a limit on the trial court's discretion to tax costs pursuant to G.S. 6-20: Witness fees, as provided by law. Jail fees, as provided by law. Counsel fees, as provided by law. Expense of service of process by certified mail and by publication. Costs on appeal to the superior court, or to the appellate division, as the case may be, of the original transcript of testimony, if any, insofar as essential to the appeal. Fees for personal service and civil process and other sheriff's fees, as provided by law. Fees for personal service by a private process server may be recoverable in an amount equal to the actual cost of such service or fifty dollars ($50.00), whichever is less, unless the court finds that due to difficulty of service a greater amount is appropriate. Fees of mediators appointed by the court, mediators agreed upon by the parties, guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fee of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary. Fees of interpreters, when authorized and approved by the court. Premiums for surety bonds for prosecution, as authorized by G.S. 1-109. Reasonable and necessary expenses for stenographic and videographic assistance directly related to the taking of depositions and for the cost of deposition transcripts. Reasonable and necessary fees of expert witnesses solely for actual time spent providing testimony at trial, deposition, or other proceedings. The fee assessed pursuant to subdivision (2) of subsection (a) of this section upon assignment of a case to a special superior court judge as a complex business case. Nothing in this section shall affect the liability of the respective parties for costs as provided by law. For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any filing of a notice of hearing on a motion not listed in G.S. 7A-308 that is filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a sole claim for relief the taxing of costs, including attorneys' fees, to a motion filed pursuant to G.S. 1C-1602 or G.S. 1C-1603, or to a motion filed by a child support enforcement agency established pursuant to Part D of Title IV of the Social Security Act. No more than one fee shall be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing is continued, rescheduled, or otherwise delayed. Nothing in this subsection or in G.S. 6-20 shall be construed to limit the trial court's authority to award fees and expenses in connection with pretrial discovery matters as provided in Rule 26(b) or Rule 37 of the Rules of Civil Procedure, and no award of costs made pursuant to this section or pursuant to G.S. 6-20 shall reverse or modify any such orders entered in connection with pretrial discovery. History (1965, c. 310, s. 1; 1967, c. 108, s. 10; c. 691, s. 30; 1971, c. 377, ss. 23, 24; c. 1181, s. 1; 1973, c. 503, ss. 12-14; c. 1267, s. 3; 1975, c. 558, s. 3; 1975, 2nd Sess., c. 980, ss. 2, 3; 1979, 2nd Sess., c. 1234, s. 1; 1981, c. 555, s. 6; c. 691, s. 2; 1983, c. 713, ss. 4-6; 1989, c. 786, s. 2; 1991, c. 742, s. 15(b); 1991 (Reg. Sess., 1992), c. 811, s. 2; 1993, c. 435, s. 6; 1995, c. 275, s. 2; 1998-212, s. 29A.12(b); 1998-219, ss. 2, 3; 2000-109, s. 4(b); 2001-424, s. 22.14(b); 2002-126, ss. 29A.4(b), 29A.6(e); 2004-186, s. 4.3; 2005-276, s. 43.1(b); 2005-405, s. 5; 2005-425, s. 1.2; 2007-212, s. 3; 2007-293, s. 2; 2007-323, ss. 30.8(b), 30.10(a), 30.11(a), (c); 2007-345, ss. 9.1(a), (c); 2008-107, ss. 29.1(a), 29.8(b); 2008-118, s. 2.9(c); 2008-193, s. 2; 2009-451, s. 15.20(d), (e); 2010-31, ss. 15.5(b), 15.8(a); 2010-123, s. 6.1; 2011-145, s. 31.23(b); 2012-142, s. 16.5(c); 2013-225, ss. 2, 3, 4(a); 2013-360, ss. 18B.17(a), 30.2(a), 30.2(a1); 2013-363, s. 7.1; 2014-102, s. 4; 2015-241, s. 18A.23(c); 2017-57, s. 18B.10(b); 2017-197, s. 5.4A(a).) Editor's Note. - Rule 27 of the Rules of Civil Procedure, referred to in subsection (c) of this section, is codified as G.S. 1A-1, Rule 27. Session Laws 2001-424, s. 22.14(i), provides: "The Administrative Office of the Courts shall report by April 15 of each year to the Chairs of the House of Representatives and Senate Appropriations Committees and the Chairs of the House of Representatives and Senate Appropriations Subcommittees on Justice and Public Safety on the amount remitted to the State Bar pursuant to the provisions of G.S. 7A-304(a)(4), G.S. 7A-305(a)(2), G.S. 7A-306(a)(2), and 7A-307(a)(2). Each report shall include the amount remitted year-to-date and the projected amount for the entire fiscal year." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, contains a severability clause. Session Laws 2006-248, ss. 12.1 through 12.5, provide: "12.1. A House of Representatives Task Force on the Recovery of Costs in Civil Cases is established to review and recommend a resolution to the conflict in North Carolina law regarding the recovery of costs in a civil case. Specifically, the Task Force on the Recovery of Costs in Civil Cases shall study the conflict that exists between G.S. 6-20 and G.S. 7A-305, and the appellate cases interpreting those statutes, and recommend revisions to one or both statutes to resolve that conflict. "12.2. The Speaker of the House of Representatives shall appoint to serve on the Task Force six members of the House of Representatives and three public members: one member of the North Carolina Academy of Trial Lawyers, one member of the North Carolina Association of Defense Attorneys, and one member of the North Carolina Bar Association. The Speaker shall appoint a chair from the Task Force membership. The Task Force shall meet upon the call of its chair. A quorum of the Committee shall be a majority of its members. "12.3. Members of the Task Force shall receive per diem, subsistence, and travel allowances in accordance with G.S. 120-3.1, 138-5, or 138-6, as appropriate. Upon the prior approval of the Legislative Services Commission, the Legislative Services Officer shall assign professional and clerical staff to the Task Force to aid in its work. The Task Force may contract for professional, clerical, or consultant services as provided by G.S. 120-32.02. The Task Force may meet at various locations around the State to promote greater public participation in its deliberations. Subject to the approval of the Legislative Services Commission, the Task Force may meet in the Legislative Building or the Legislative Office Building. The Task Force, while in the discharge of its official duties, may exercise all the powers provided under the provisions of G.S. 120-19 and G.S. 120-19.1 through G.S. 120-19.4, including the power to request all officers, agents, agencies, and departments of the State to provide any information, data, or documents within their possession, ascertainable from their records, or otherwise available to them and the power to subpoena witnesses. "12.4. The Task Force shall report the results of its review and its recommended resolution to the conflict to the Speaker of the House of Representatives by December 31, 2006. "12.5. From funds appropriated to the General Assembly, the Legislative Services Commission shall allocate funds for the purpose of conducting the study provided for in this Part." Session Laws 2017-212, s. 813 repealed Session Laws 2006-248, ss. 12.1 through 12.5, effective October 8, 2017. Session Laws 2007-293, s. 2, enacted a subsection (a3), but Session Laws 2007-323, s. 30.11(c) purported to repeal Session Laws 2007-293, s. 2. Session Laws 2007-345, s. 9.1(c), likewise repealed Session Laws 2007-323, s. 30.11(c), and then amended G.S. 7A-305(a5) as enacted by Session Laws 2007-293, s. 2. Subsection (a3) as enacted by Session Laws 2007-293, s. 2, as amended by Session Laws 2007-345, s. 9.1(a), was redesignated subsection (a4) at the direction of the Revisor of Statutes. Session Laws 2007-323, s. 30.11(c), effective December 1, 2007, provides: "If Senate Bill 758, 2007 General Assembly, becomes law, then Section 2 of Senate Bill 758 is repealed." Senate Bill 758 was enacted as Session Laws 2007-293. Session Laws 2007-323, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2007'." Session Laws 2007-323, s. 32.5 is a severability clause. Session Laws 2011-145, s. 31.23(g), as added by Session Laws 2011-391, s. 66.1, provides: "Notwithstanding any other provision of law, G.S. 7A-305(f) and G.S. 7A-308(a)(21), as enacted by this section, shall not apply to actions commenced or prosecuted pursuant to Article 9 of Chapter 110 of the General Statutes." Session Laws 2013-225, s. 4(e), effective July 1, 2013, and applicable to pleadings filed on or after that date, repealed s. 66.1 of Session Laws 2011-391. Session Laws 2011-145, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2011.'" Session Laws 2011-145, s. 32.2, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2011-2013 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2011-2013 fiscal biennium." Session Laws 2011-145, s. 32.5 is a severability clause. Session Laws 2013-225, s. 8, made the amendments to this section, which altered the fees for business cases, by Session Laws 2013-225, s. 2, applicable to all pleadings and motions filed on or after January 1, 2014. Session Laws 2013-225, s. 8, made the amendments to this section, which altered the fees for business cases, by Session Laws 2013-225, s. 3, applicable to actions filed and to amounts assessed or collected on or after June 30, 2013. Session Laws 2013-225, s. 8, made the amendments to this section, which altered the fees for business cases, by Session Laws 2013-225, s. 4(a), applicable to pleadings filed on or after July 1, 2013. Session Laws 2013-360, s. 18B.17(d), made the amendment to subsection (f) by Session Laws 2013-360, s. 18B.17(a), applicable to notices of hearing on a motion not listed in G.S. 7A 308 filed on or after August 1, 2013. Session Laws 2013-360, s. 30.2(e), as amended by Session Laws 2013-363, s. 7.1, provides: "SECTION 30.2.(e) Subsection (a) of this section becomes effective 30 days after this act becomes law [effective August 25, 2013] and subsection (a1) of this section becomes effective July 1, 2014." Session Laws 2013-360, s. 1.1, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2013.'" Session Laws 2013-360, s. 38.5 is a severability clause. Session Laws 2014-102, s. 9, made the amendment of subdivision (a)(2) and the addition of subdivision (d)(12) by Session Laws 2014-102, s. 4, effective October 1, 2014, and applicable to actions commenced or petitions filed on or after that date. Session Laws 2017-197, s. 5.4A(a), was contingent upon Senate Bill 257, 2017 Regular Session, becoming law. Senate Bill 257 was enacted as Session Laws 2017-57. Effect of Amendments. - Session Laws 2007-212, s. 3, effective August 1, 2007, and applicable to all motions for costs filed on or after that date, in subsection (d), deleted "also" preceding "assessable or recoverable" in the first sentence and added the second sentence of the introductory paragraph; inserted "mediators appointed by the court, mediators agreed upon by the parties" in subdivision (d)(7); added subdivisions (d)(10), (d)(11), and added the concluding paragraph of subsection (d). Session Laws 2007-345, s. 9.1(a), effective December 1, 2007, deleted "plus an additional filing fee of one hundred dollars ($100.00). The additional filing fee must be remitted to the State Treasurer and used for support of the General Court of Justice" from subsection (a3). Session Laws 2008-107, ss. 29.1(a) and 29.8(b), effective July 20, 2008, added subdivision (a)(1a); and rewrote subsection (a2). For applicability, see Editor's note. Session Laws 2008-118, s. 2.9(c), effective July 1, 2008, deleted subsections (a3) and (a4) regarding court filing fees for divorce action and for limited driving privilege. Session Laws 2009-451, s. 15.20(d), effective September 1, 2009, and applicable to fees assessed or collected on or after that date, in subdivision (a)(1a), substituted "three dollars ($3.00)" for "one dollar ($1.00)", and in subdivision (a)(2), in the first sentence, substituted "one thousand dollars ($1,000)" for "two hundred dollars ($200.00)" near the middle, and "fifty-five dollars ($55.00)" for "sixty-three dollars ($63.00)" at the end. Session Laws 2009-451, s. 15.20(e), effective July 1, 2010, and applicable to fees assessed or collected on or after that date, substituted "four dollars ($4.00)" for "three dollars ($3.00)" in subdivision (a)(1a). Session Laws 2010-31, s. 15.5(b), as amended by Session Laws 2010-123, s. 6.1, effective October 1, 2010, and applicable to costs or fees assessed or collected on or after that date, in the first sentence of subdivision (a)(2), substituted "one hundred twenty-five dollars ($125.00)" for "ninety-three dollars ($93.00)" and "eighty dollars ($80.00)" for "seventy-three dollars ($73.00)." Session Laws 2010-31, s. 15.8(a), effective October 1, 2010, and applicable to counterclaims filed on or after that date, in subsection (a1), twice inserted "or counterclaim" and substituted "the action is limited to requests for relief authorized by Chapter 50B " for "the action is also brought under Chapter 50B ." Session Laws 2011-145, s. 31.23(b), effective July 1, 2011, in subdivision (a)(2), substituted "one hundred eighty dollars ($180)" for "one hundred twenty-five dollars ($125.00)," "one hundred thirty dollars ($130)" for "eighty dollars ($80.00)," "eighty dollars ($80.00)" for "fifty-five dollars ($55.00)," and "one dollar and fifty cents ($1.50)" for "two dollars and five cents ($2.05)"; and added subsections (a5) and (f). For applicability, see Editor's note. Session Laws 2012-142, s. 16.5(c), effective July 2, 2012, and expiring June 30, 2013, inserted "State judicial facilities and" and inserted "and Facilities", in subdivisions (a)(1a) and (a5)(2). Session Laws 2013-225, s. 2, effective January 1, 2014, in subdivision (a)(2), deleted "except that is a case is assigned to a special superior court judge as a complex business case under G.S. 7A-45.3, an additional one thousand dollars ($1,000) shall be paid upon its assignment" following "superior court" in the first sentence, and added the second sentence. For applicability, see editor's note. Session Laws 2013-225, s. 3, effective June 30, 2013, added "third-party complaints" in subsection (a5); and substituted "filing fees shall be collected and disbursed in accordance with subsection (a) of this section" for "an additional one thousand dollars ($1,000) shall be paid upon its assignment" in subdivision (a5)(3). For applicability, see editor's note. Session Laws 2013-225, s. 4(a), effective July 1, 2013, added "to a motion filed pursuant to G.S. 1C-1602 or G.S. 1C-1603, or to a motion filed by a child support enforcement agency established pursuant to Part D of Title IV of the Social Security Act" in subsection (f). For applicability, see editor's note. Session Laws 2013-360, s. 18B.17(a), effective August 1, 2013, in subsection (f), substituted "of a notice of hearing on a motion" for "containing one or more motions," inserted "notice of a hearing on a," and added the last sentence. For applicability, see editor's note. Session Laws 2013-360, s. 30.2(a), effective July 1, 2013, in subsection (a2), substituted "thirty-five dollars ($35.00)" for "fifty-five dollars ($55.00)" and "forty dollars ($40.00)" for "twenty dollars ($20.00)." For effective date, see editor's note. Session Laws 2013-360, s. 30.2(a1), effective July 1, 2014, substituted "seventy-five dollars ($75.00)" for "thirty-five dollars ($35.00) to the North Carolina Fund for Displaced Homemakers established under G.S. 143B-394.10 and forty dollars ($40.00)" in subsection (a2). Session Laws 2014-102, s. 4, rewrote the second sentence of subdivision (a)(2); and added subdivision (d)(12). For effective date and applicability, see Editor's note. Session Laws 2015-241, s. 18A.23(c), effective July 1, 2015, in subsection (a), substituted "telecommunications and data connectivity" for "phone systems" in subdivision (1a). Session Laws 2017-57, s. 18B.10(b), effective June 28, 2017, deleted "one dollar and fifty cents ($1.50) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4, and" following "The State Treasurer shall remit the sum of" in the last sentence in subdivision (a)(2). Session Laws 2017-197, s. 5.4A(a), effective July 31, 2017, deleted "one dollar and fifty cents ($1.50) of each fee collected under this subdivision to the North Carolina State Bar for the provision of services in subdivision (a5)(3). Legal Periodicals. - For comment, "Murky Water: What Really Is Taxed as Court Costs in North Carolina?," see 32 Campbell L. Rev. 127 (2009).