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NC General Statutes

N.C. Gen. Stat. § 1-263 (2026)

Costs

✓ current as of July 2026
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In any proceeding under this article the court may make such award of costs as may seem equitable and just. (1931, c. 102, s. 11.)

 

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1953–2022 · leading case: Swaps, LLC v. Asl Props., Inc., 791 S.E.2d 711 (N.C. Ct. App. 2016).
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Swaps, LLC v. Asl Props., Inc., 791 S.E.2d 711 (N.C. Ct. App. 2016). · cites it 36× “" N.C. Gen. Stat. § 1-263 . Our Supreme Court has held that costs are a creature of statute and are governed solely by statute, not common law.”
Sanders v. State Pers. Comm'n, 762 S.E.2d 850 (N.C. Ct. App. 2014). · cites it 18× “N.C. Gen. Stat. § 1-263 , entitled “Costs,” provides that “[i]n any proceeding under [the Uniform Declaratory Judgment -17- Act] the court may make such award of costs as may seem equitable and just.”
City of New Bern v. New Bern-Craven Cnty. Bd. of Educ., 450 S.E.2d 735 (N.C. 1994). · cites it 6× “It contends that defendants knew, or should have known, that their inspections pursuant to these acts were prohibited by the Constitution; therefore, the City should not be required to share in the costs of the action below.”
Finch v. Campus Habitat, L.L.C., 724 S.E.2d 174 (N.C. Ct. App. 2012). · cites it 12× “2 , the trial court could have awarded attorney fees under N.C. Gen. Stat. § 1-263 , and the trial court had discretion under N.”
Bd. of Managers of the James Walker Mem'l Hosp. v. City of Wilmington, 74 S.E.2d 749 (N.C. 1953). · cites it 3× “G.S. § 1-263 provides that in a proceeding for a Declaratory Judgment the court may make such award of costs as may seem equitable and just.”
Heatherly v. State, 658 S.E.2d 11 (N.C. Ct. App. 2008). · cites it 12× “Finally, Plaintiffs argue that the trial court erred by ordering Plaintiffs and Plaintiff-Intervenors to pay the costs of this litigation.”
Citizens Nat'l Bank v. Grandfather Home for Child., Inc., 185 S.E.2d 836 (N.C. 1972). “G.S. 1-263 provides: “In any proceeding under this article [declaratory judgments] the court may make such award of costs as may seem equitable and just.”
Nat'l Med. Enter., Inc. v. Sandrock, 324 S.E.2d 268 (N.C. Ct. App. 1985). “Defendant also cites G.S. 1-263, which states that “the court may make such award of costs as may seem equitable and just” in any action brought under the Declaratory Judgment Act.”
TAC Stafford (N.C. Ct. App. 2022). · cites it 2× “Plaintiff sought declaratory judgments on several issues relating to the Town’s lack of authority to withhold development approvals, which were resolved by mandamus.”
TAC Stafford (N.C. Ct. App. 2022). · cites it 2× “Plaintiff sought declaratory judgments on several issues relating to the Town’s lack of authority to withhold development approvals, which were resolved by mandamus.”
Carpet Super Mart, Inc. v. Benchmark Int'l Co. Sales Specialist, LLC (M.D.N.C. 2020). · cites it 2× “Second, this case does not deal with N.C. Gen. Stat. § 1-263 , but a reciprocal contractual provision and § 6-21.”
Dillon v. North Carolina Nat'l Bank, 170 S.E.2d 571 (N.C. Ct. App. 1969). “G.S. 1-263 permits the court, in a proceeding under the Declaratory Judgments Act, to make such an award of costs as may seem equitable and just.”
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