Costs shall be allowed of course to the plaintiff, upon a recovery, in the following cases:
(1) In an action for the recovery of real property, or when a claim of title to real property arises on the pleadings, or is certified by the court to have come in question at the trial.
(2) In an action to recover the possession of personal property.
(3) In an action for assault, battery, false imprisonment, libel, slander, malicious prosecution, criminal conversation or seduction, if the plaintiff recovers less than fifty dollars ($50.00) damages, he shall recover no more costs than damages.
(4) When several actions are brought on one bond, recognizance, promissory note, bill of exchange or instrument in writing, or in any other case, for the same cause of action against several parties who might have been joined as defendants in the same action, no costs other than disbursements shall be allowed to the plaintiff in more than one of such actions, which shall be at his election, provided the party or parties proceeded against in such other action or actions were within the State and not secreted at the commencement of the previous action or actions.
(5) In an action brought under Article 1 of Chapter 19A.
(6) In any action brought under Article 7 of Chapter 93A of the General Statutes. (R.C., c. 31, s. 78; 1874-5, c. 119; Code, s. 525; Rev., s. 1264; C.S., s. 1241; 1971, c. 269, s. 6; 1979, c. 808, s. 5; 2023-117, s. 2.)
Notes of Decisions
Khomyak Ex Rel. Khomyak v. Meek, 715 S.E.2d 218 (N.C. Ct. App. 2011).
· cites it 12× “The pertinent provisions under Chapter 6 are sections 6-18, 6-19, and 6-20. Id. While sections 6-18 and 6-19 provide for a mandatory award of costs to the prevailing party in certain types of actions as described in those sections, section 6-20 provides that “the decision to…”
Cosentino v. Weeks, 586 S.E.2d 787 (N.C. Ct. App. 2003).
· cites it 9× “The following explanation has been offered for upholding a trial court’s award of common law costs: “[C]osts which are not allowed as a matter of course under G.S. § 6-18 or § 6-19 . . . may be allowed in the discretion of the court under G.”
Cnty. of Moore v. Humane Soc'y of Moore Cnty., Inc., 578 S.E.2d 682 (N.C. Ct. App. 2003).
· cites it 6× “Moore County appeals Judge Walker’s judgment asserting the trial court erred in finding: (I) reverter clause was not triggered; (II) damages in the amount of $75,000.”
Sterling v. Gil Soucy Trucking, Ltd., 552 S.E.2d 674 (N.C. Ct. App. 2001).
· cites it 6× “[2] N.C.G.S. § 6-18 allows costs as a matter of course to plaintiff in the following cases: actions for recovery of real or personal property, intentional tort actions, actions involving commercial paper, and actions brought for the protection of animals.”
Coffman v. Roberson, 571 S.E.2d 255 (N.C. Ct. App. 2002).
· cites it 3× “Since medical malpractice actions are not enumerated within N.C. Gen. Stat. § 6-18 , this case falls within N.”
Smith v. Cregan, 632 S.E.2d 206 (N.C. Ct. App. 2006).
· cites it 8× “N.C. Gen. Stat. § 6-18 (2005). Section 6-19 provides for a mandatory award of costs to prevailing defendants: “Costs shall be allowed as of course to the defendant, in the actions mentioned in the preceding section [6-18] unless the plaintiff be entitled to costs therein.”
Williams v. Boylan-Pearce, Inc., 317 S.E.2d 17 (N.C. Ct. App. 1984).
· cites it 4× “N.C. Gen.Stat. § 6-18 (1981) provides that costs are to be allowed in malicious prosecution actions.”
Cunningham v. Riley, 611 S.E.2d 423 (N.C. Ct. App. 2005).
· cites it 5× “§ 1983 , as such an amendment would have been futile. This assignment of error is without merit.”
Sara Lee Corp. v. Carter, 500 S.E.2d 732 (N.C. Ct. App. 1998).
· cites it 4× “Section 6-20permits the trial court, in its discretion, to award assessable costs in actions not enumerated in section 6-18. N.C.G.S. § 6-20 (1997). As this case is not a section 6-18 action, the trial court had the discretion to award assessable costs, but was not required to…”
Morgan v. Steiner, 619 S.E.2d 516 (N.C. Ct. App. 2005).
· cites it 3× “N.C. Gen. Stat. §§ 6-18 and 6-19 (2003) delineate the types of actions in which costs shall be awarded to the prevailing party in civil actions.”
— N.C. Gen. Stat. § 6-18(1) — 1 case
— N.C. Gen. Stat. § 6-18(2) — 2 cases
Cosentino v. Weeks, 586 S.E.2d 787 (N.C. Ct. App. 2003).
“The following explanation has been offered for upholding a trial court’s award of common law costs: “[C]osts which are not allowed as a matter of course under G.S. § 6-18 or § 6-19 . . . may be allowed in the discretion of the court under G.”
— N.C. Gen. Stat. § 6-18(4) — 1 case
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