North Carolina § 7A-306 - Costs in special proceedings.

§ 7A-306. Costs in special proceedings.

In every special proceeding in the superior court, the following costs shall be assessed: For the use of the courtroom and related judicial facilities, the sum of ten dollars ($10.00) to be remitted to the county. 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 six dollars ($106.00). In addition, in proceedings involving land, except boundary disputes, if the fair market value of the land involved is over one hundred dollars ($100.00), there shall be an additional sum of thirty cents (30›) per one hundred dollars ($100.00) of value, or major fraction thereof, not to exceed a maximum additional sum of two hundred dollars ($200.00). Fair market value is determined by the sale price if there is a sale, the appraiser's valuation if there is no sale, or the appraised value from the property tax records if there is neither a sale nor an appraiser's valuation. Sums collected under this subdivision shall be remitted to the State Treasurer. The facilities fee and thirty dollars ($30.00) of the General Court of Justice fee are payable at the time the proceeding is initiated. The following additional expenses, when incurred, are assessable or recoverable, as the case may be: Witness fees, as provided by law. Counsel fees, as provided by law. Costs on appeal, of the original transcript of testimony, if any, insofar as essential to the appeal. Fees for personal service of civil process, and other sheriff's fees, and for service by publication, as provided by law. Fees of guardians ad litem, referees, receivers, commissioners, surveyors, arbitrators, appraisers, and other similar court appointees, as provided by law. The fees of such appointees shall include reasonable reimbursement for stenographic assistance, when necessary. Costs assessed before the clerk shall be added to costs assessable on appeal to the judge or upon transfer to the civil issue docket. Nothing in this section shall affect the liability of the respective parties for costs, as provided by law. This section does not apply to a foreclosure under power of sale in a deed of trust or mortgage. 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, or to a motion filed pursuant to G.S. 1C-1602 or G.S. 1C-1603. 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. History (1965, c. 310, s. 1; 1967, c. 24, s. 2; 1971, c. 377, s. 25; c. 1181, s. 1; 1973, c. 503, s. 15; 1981, c. 691, s. 3; 1983, c. 713, ss. 7-9; c. 881, s. 4; 1985, c. 511, s. 1; 1989, c. 646, s. 1; 1991 (Reg. Sess., 1992), c. 811, s. 3; 1998-212, s. 29A.12(c); 2000-109, s. 4(c); 2001-424, s. 22.14(c); 2002-135, s. 1; 2005-276, s. 43.1(c); 2007-323, s. 30.8(c); 2008-107, s. 29.8(c); 2009-451, s. 15.20(f), (g); 2011-145, s. 31.23(c); 2012-142, s. 16.5(d); 2013-225, s. 4(b); 2013-360, s. 18B.17(b); 2015-241, s. 18A.23(d); 2017-197, s. 5.4A(b).) Editor's Note. - 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, is a severability clause. Session Laws 2013-225, s. 8, made the amendment to subsection (g) by Session Laws 2013-225, s. 4(b), applicable to pleadings filed on or after July 1, 2013. Session Laws 2013-360, s. 18B.17(d), made the amendment to subsection (g) by Session Laws 2013-360, s. 18B.17(b), 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. 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 2017-197, s. 5.4A(b), 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 2008-107, s. 29.8(c), effective July 20, 2008, and applicable to all costs assessed and collected on or after that date, added subdivision (a)(1a). Session Laws 2009-451, s. 15.20(f), effective September 1, 2009, and applicable to fees assessed or collected on or after that date, substituted "three dollars ($3.00)" for "one dollar ($1.00)" in subdivision (a)(1a); and in subdivision (a)(2), substituted "seventy-five dollars ($75.00)" for "forty dollars ($40.00)" in the first sentence, and "seventy-five-dollar ($75.00)" for "forty-dollar ($40.00)" in the last sentence. Session Laws 2011-145, s. 31.23(c), effective July 1, 2011, in subdivision (a)(2), substituted "one hundred six dollars ($106.00)" for "seventy-five dollars ($75.00)" in the first sentence, and "one dollar and fifty cents ($1.50) of each one hundred six-dollar General Court of Justice fee" for "two dollars and five cents ($2.05) of each seventy-five-dollar ($75.00) General Court of Justice fee" in the last sentence; and added subsection (g). Session Laws 2012-142, s. 16.5(d), effective July 2, 2012, and expiring June 30, 2013, inserted "State judicial facilities and" and inserted "and Facilities" in subdivision (a)(1a). Session Laws 2013-225, s. 4(b), effective July 1, 2013, added "or to a motion filed pursuant to G.S. 1C-1602 or G.S. 1C-1603" in subsection (g). For applicability, see editor's note. Session Laws 2013-360, s. 18B.17(b), effective August 1, 2013, in subsection (g), 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 2015-241, s. 18A.23(d), effective July 1, 2015, in subsection (a), substituted "telecommunications and data connectivity" for "phone systems" in subdivision (1a). Session Laws 2017-197, s. 5.4A(b), effective July 31, 2017, deleted the last sentence in subdivision (a)(2), which read: "The State Treasurer shall remit the sum of one dollar and fifty cents ($1.50) of each one hundred six-dollar ($106.00) General Court of Justice fee collected under this subdivision to the North Carolina State Bar for the provision of services described in G.S. 7A-474.4."