NC General Statutes

N.C. Gen. Stat. § 6-20 (2026)

Costs allowed or not, in discretion of court

✓ current as of July 2026
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In actions where allowance of costs is not otherwise provided by the General Statutes, costs may be allowed in the discretion of the court. Costs awarded by the court are subject to the limitations on assessable or recoverable costs set forth in G.S. 7A-305(d), unless specifically provided for otherwise in the General Statutes. (Code, s. 527; Rev., s. 1267; C.S., s. 1243; 2007-212, s. 2.)

 

Notes of Decisions
Cited in 113 cases (2 in the last 5 years), 1948–2025 · leading case: Lee Cycle Ctr., Inc. v. Wilson Cycle Ctr., Inc., 545 S.E.2d 745 (N.C. Ct. App. 2001).
Lee Cycle Ctr., Inc. v. Wilson Cycle Ctr., Inc., 545 S.E.2d 745 (N.C. Ct. App. 2001). · cites it 54× “Plaintiffs alternatively contend that N.C. Gen.Stat. § 6-20 provides the statutory basis for the attorney's fees award.”
Khomyak Ex Rel. Khomyak v. Meek, 715 S.E.2d 218 (N.C. Ct. App. 2011). · cites it 106× “On 21 July 2010, following entry of judgment in their favor, defendants filed a motion for costs pursuant to N.C. Gen. Stat. §§ 6-20 and 7A-305(d) (2009), seeking to recover costs in the total amount of $15,598.”
Dep't of Transp. v. Charlotte Area Manufactured Hous., Inc., 586 S.E.2d 780 (N.C. Ct. App. 2003). · cites it 62× “2d 260, 271 (“While the trial court has broad discretion to allow costs, N.C. Gen. Stat. § 6-20 [], it may exercise that discretion only within the bounds of its statutory authority.”
Cosentino v. Weeks, 586 S.E.2d 787 (N.C. Ct. App. 2003). · cites it 66× “” Thus, costs which are to be taxed under Rule 41(d) may also include those costs allowable under N.C. Gen. Stat. § 6-20 . “N.C. Gen. Stat.”
Harborgate Prop. Owners Ass'n v. Mountain Lake Shores Dev. Corp., 551 S.E.2d 207 (N.C. Ct. App. 2001). · cites it 38× “§ 7A-305(d)(3) (1999) ("[c]ounsel fees, as provided by law") or N.C. Gen.Stat. § 6-20 (1999) (costs allowable "in the discretion of the court").”
Castle McCulloch, Inc. v. Freedman, 610 S.E.2d 416 (N.C. Ct. App. 2005). · cites it 20× “]" N.C. Gen.Stat. § 6-20 (2004). Where the court has taxed costs in a discretionary manner its decision is not reviewable.”
Bailey v. State, 500 S.E.2d 54 (N.C. 1998). · cites it 12× “If an action is equitable in nature, the taxing of the costs is within the discretion of the court, and the court may allow costs in favor of one party or the other or require the parties to share the costs.”
Sterling v. Gil Soucy Trucking, Ltd., 552 S.E.2d 674 (N.C. Ct. App. 2001). · cites it 23× “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…”
Handex of the Carolinas, Inc. v. Cnty. of Haywood, 607 S.E.2d 25 (N.C. Ct. App. 2005). · cites it 13× “However, this was not raised in Handex’s responsive motion on the issue, nor was it specifically assigned as error in this appeal.”
Coffman v. Roberson, 571 S.E.2d 255 (N.C. Ct. App. 2002). · cites it 11× ““N.C. Gen. Stat. § 6-20 provides that in those civil actions not enumerated in § 6-18, ‘costs may be allowed or not, in the discretion of *629 the court, unless otherwise provided by law.”
Lewis v. Setty, 537 S.E.2d 505 (N.C. Ct. App. 2000). · cites it 29× “Thus, costs which are to be taxed under Rule 41(d) may also include those costs allowable under N.C. Gen. Stat. § 6-20 . See Alsup, 98 N.”
Peters v. Pennington, 707 S.E.2d 724 (N.C. Ct. App. 2011). · cites it 6× “” Act of July 3, 2007, ch. 212, sec. 2, § 6-20, 2007 N.C. Sess.”
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