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NC General Statutes

N.C. Gen. Stat. § 6-19 (2026)

When costs allowed as of course to defendant

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Costs shall be allowed as of course to the defendant, in the actions mentioned in G.S. 6-18 unless the plaintiff be entitled to costs therein. In all actions where there are several defendants not united in interest, and making separate defenses by separate answers, and the plaintiff fails to recover judgment against all, the court may award costs to such of the defendants as have judgment in their favor or any of them. (C.C.P., s. 277; Code, ss. 526, 527; Rev., s. 1266; C.S., s. 1242; 2007-212, s. 1.)

 

Notes of Decisions
Cited in 17 cases, 1957–2015 · leading case: Sterling v. Gil Soucy Trucking, Ltd., 552 S.E.2d 674 (N.C. Ct. App. 2001).
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Sterling v. Gil Soucy Trucking, Ltd., 552 S.E.2d 674 (N.C. Ct. App. 2001). · cites it 36× “The relevant statutes are N.C.G.S. §§ 6-19 and 6-20 (1986). N.C.G.S § 6-19 provides: 6-19.”
Minton v. Lowe's Food Stores, Inc., 468 S.E.2d 513 (N.C. Ct. App. 1996). · cites it 8× “Moreover, section 6-19 of the General Statutes addresses the actions (as enumerated in section 6-18) in which costs are allowed as a matter of course to a prevailing defendant.”
Sara Lee Corp. v. Carter, 500 S.E.2d 732 (N.C. Ct. App. 1998). · cites it 5× “” N.C.G.S. § 6-19 (1997). Section 6-20permits the trial court, in its discretion, to award assessable costs in actions not enumerated in section 6-18.”
Cosentino v. Weeks, 586 S.E.2d 787 (N.C. Ct. App. 2003). · cites it 4× “does not prevail in that action, then N.C.G.S. § 6-19 (2001) requires the trial court to award costs to the defendant.”
Khomyak Ex Rel. Khomyak v. Meek, 715 S.E.2d 218 (N.C. Ct. App. 2011). · cites it 4× “Negligence cases are not listed among the types of actions in which costs must be awarded to a prevailing party pursuant to either section 6-18 or section 6-19. Therefore, the trial court’s costs ruling was governed by section 6-20, and costs could “be allowed or not, in the…”
Izydore v. City of Durham, 746 S.E.2d 324 (N.C. Ct. App. 2013). · cites it 5× “1, our caselaw interpreting the statute, and other provisions of the General Statutes, w;e conclude that local governmental units - such as respondents in this case - do not constitute “agencies” for purposes of § 6-19.”
Smith v. Cregan, 632 S.E.2d 206 (N.C. Ct. App. 2006). · cites it 6× “” N.C. Gen. Stat. § 6-19 (2005). Pursuant to section 6-20, the decision to award costs in other types of cases is consigned to the discretion of the trial court: “In other actions, costs may be allowed or not, in the discretion of the court, unless otherwise provided by law.”
Cnty. of Moore v. Humane Soc'y of Moore Cnty., Inc., 578 S.E.2d 682 (N.C. Ct. App. 2003). · cites it 2× “Section 6-18 provides that “[c]osts 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” and section 6-19 provides the same for the defendant if the plaintiff is not entitled to costs.”
Est. of Smith, by & Through Smith v. Underwood, 487 S.E.2d 807 (N.C. Ct. App. 1997). “§ 6-18 or § 6-19, such as in actions for the recovery of real property or personalty, may be allowed in the discretion of the court under G.”
High Rock Lake Partners, LLC v. North Carolina Dep't of Transp., 760 S.E.2d 750 (N.C. Ct. App. 2014). · cites it 2× “2d at 802 (“[W]e conclude that [respondent's decision to proceed against [p]etitioner was ‘substantially justified’ and that the trial court erred by reaching a contrary conclusion in awarding attorney’s fees to [p]etitioner pursuant to N.C. Gen. Stat. § 6-19 .1”[.[). In the…”
Lewis v. Setty, 537 S.E.2d 505 (N.C. Ct. App. 2000). “Section 305(d) does not, however, preclude liability for other costs as provided by law.”
Lewis v. Setty, 537 S.E.2d 505 (N.C. Ct. App. 2000). “Section 305(d) does not, however, preclude liability for other costs as provided by law.”
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N.C. Gen. Stat. § 6-19(1986): 1 case
Sterling v. Gil Soucy Trucking, Ltd., 552 S.E.2d 674 (N.C. Ct. App. 2001). “The relevant statutes are N.C.G.S. §§ 6-19 and 6-20 (1986). N.C.G.S § 6-19 provides: 6-19.”
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