NC General Statutes

N.C. Gen. Stat. § 6-21 (2026)

Costs allowed either party or apportioned in discretion of court

✓ current as of July 2026

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Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court:

(1) Application for years' support, for surviving spouse or children.

(2) Caveats to wills and any action or proceeding that may require the construction of any will or trust agreement, or fix the rights and duties of parties under any will or trust agreement. In any caveat proceeding under this subdivision, the court shall allow attorneys' fees for the attorneys of the caveators only if it finds that the proceeding has substantial merit.

(3) Habeas corpus. The court shall direct which officer shall tax the costs of the proceeding.

(4) In actions for divorce or alimony. The court may, both before and after judgment, make any order respecting the payment of costs incurred by either spouse from the sole and separate estate of either spouse, as may be just.

(5) Application for the establishment, alteration, or discontinuance of a public road, cartway, or ferry. The board of county commissioners in its discretion may assess the costs incurred before the board.

(6) The compensation of referees and commissioners to take depositions.

(7) All costs and expenses incurred in special proceedings for the partition of real or personal property under Chapter 46A of the General Statutes, except that attorneys' fees shall be assessed in accordance with G.S. 46A-3.

(8) In all proceedings under Chapter 156 of the General Statutes relating to drainage, except as otherwise provided in that Chapter.

(9) Repealed by Session Laws 2020-23, s. 10, effective October 1, 2020.

(10) In proceedings under Article 3 of Chapter 49 of the General Statutes regarding children born out of wedlock.

(11) In custody proceedings under Chapter 50A of the General Statutes.

(12) In actions brought for misappropriation of a trade secret under Article 24 of Chapter 66 of the General Statutes.

(13) In actions for trespass upon real property.

(14) In actions against any professional land surveyor as defined in G.S. 89C-3(9) or any person acting under the surveyor's supervision and control for physical damage or economic or monetary loss due to negligence or deficiency in performance of surveying or platting.

The word "costs" as used in this section includes reasonable attorneys' fees in whatever amounts the court in its discretion determines and allows. Attorneys' fees in actions for alimony, however, shall not be included in the costs as provided in this section but shall be determined and provided for in accordance with G.S. 50-16.4. (Code, ss. 533, 1294, 1323, 1422, 1660, 2039, 2056, 2134, 2161; 1889, c. 37; 1893, c. 149, s. 6; Rev., s. 1268; C.S., s. 1244; 1937, c. 143; 1955, c. 1364; 1965, c. 633; 1967, c. 993, s. 2; c. 1152, s. 5; 1977, c. 576; 1979, c. 110, s. 3; 1981, c. 809, s. 1; c. 890, s. 2; 2013-198, s. 1; 2020-23, ss. 7, 10; 2025-94, s. 2.5.)

Notes of Decisions

Cited in 87 cases (6 in the last 5 years), 1948–2025 · leading case: Bruning & Federle Mfg. Co. v. D. MILLS, 647 S.E.2d 672 (N.C. Ct. App. 2007).

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Bruning & Federle Mfg. Co. v. D. MILLS, 647 S.E.2d 672 (N.C. Ct. App. 2007). · cites it 28× “In addition to stating “there [are] no genuine issue[s] as to any material fact[,]” the order granting summary judgment stated that “Plaintiff is hereby [] taxed with all costs of this action pursuant to N.C. Gen. Stat. § 6-21 .” Plaintiff filed notice of appeal on 10 May 2004…”

Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012). · cites it 17× “Nonetheless, N.C. Gen. Stat. § 6-21 (2011) enumerates certain types of cases in which “attorneys’ fees may be included as a part of the costs in such amounts as the court in its discretion determines and allows.”

Matter of Est. of Kirkman, 273 S.E.2d 712 (N.C. 1981). · cites it 16× “G.S. 6-21 vests in a trial court the discretion to tax costs against either party in certain-specified instances.”

In Re Est. of Tucci, 408 S.E.2d 859 (N.C. Ct. App. 1991). · cites it 13× “On 25 May 1990, following his unsuccessful bid to dissent, Tucci filed a petition pursuant to N.C. Gen. Stat. § 6-21 (2) requesting the Forsyth County Clerk of Superior Court to tax the attorney’s fees which he incurred in undertaking the dissent against the Estate.”

Babb v. Graham, 660 S.E.2d 626 (N.C. Ct. App. 2008). · cites it 5× “N.C. Gen. Stat. § 6-21 (2) (2007) provides as follows: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (2) Caveats to wills and any action or proceeding which may require the construction of…”

Handex of the Carolinas, Inc. v. Cnty. of Haywood, 607 S.E.2d 25 (N.C. Ct. App. 2005). · cites it 4× “A reading of N.C. Gen. Stat. § 6-21 reveals this statute does not authorize costs for the general contract/tort based civil action at bar.”

Dyer v. State, 416 S.E.2d 1 (N.C. 1992). · cites it 9× “This case is governed by N.C.G.S. § 6-21 which provides in part as follows: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (2) Caveats to wills and any action or proceeding which may require…”

Pritchett & Burch, PLLC v. Boyd, 609 S.E.2d 439 (N.C. Ct. App. 2005). · cites it 4× “Defendants’ present attorneys have petitioned the estate in the underlying action pursuant to N.C. Gen. Stat. § 6-21 (2) (2003), which states, “the court shall allow attorneys’ fees for the attorneys of the caveators only if it finds that the proceeding has substantial merit.”

Smith v. Price, 340 S.E.2d 408 (N.C. 1986). · cites it 3× “We note that N.C.G.S. § 6-21 provides, inter alia, as follows: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (10) In proceedings regarding illegitimate children under Article 3, Chapter 49 of…”

Hill v. Cox, 424 S.E.2d 201 (N.C. Ct. App. 1993). · cites it 12× “N.C.G.S. § 6-21(2) authorizes the trial court, in its discretion, to allow attorney fees to counsel for unsuccessful caveators where the proceeding has substantial merit.”

In Re the Purported Last Will & Testament of Sechrest, 537 S.E.2d 511 (N.C. Ct. App. 2000). · cites it 4× “N.C. Gen. Stat. § 6-21 (1999). Whether to allow costs and attorneys’ fees under this section is a matter within the trial court’s discretion.”

Northampton Cnty. Drainage Dist. No. One v. Bailey, 392 S.E.2d 352 (N.C. 1990). · cites it 9× “N.C.G.S. § 6-21 provides in part: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: *750 (8) In all proceedings under the Chapter entitled Drainage, except as therein otherwise provided.”

Show all 87 citing cases →

— N.C. Gen. Stat. § 6-21(10) — 2 cases

Guilford Cnty. Ex Rel. Holt v. Puckett, 664 S.E.2d 362 (N.C. Ct. App. 2008).

Wake Cnty. ex rel. Denning v. Ferrell, 321 S.E.2d 913 (N.C. Ct. App. 1984).

— N.C. Gen. Stat. § 6-21(11) — 2 cases

Matter of Est. of Kirkman, 273 S.E.2d 712 (N.C. 1981). “G.S. 6-21 vests in a trial court the discretion to tax costs against either party in certain-specified instances.”

Van Every v. McGuire, 481 S.E.2d 377 (N.C. Ct. App. 1997).

— N.C. Gen. Stat. § 6-21(12) — 1 case

Rcjj, LLC v. Rcwil Enters., LLC, 2017 NCBC 24 (N.C. Bus. Ct. 2017).

— N.C. Gen. Stat. § 6-21(2) — 22 cases

Matter of Est. of Kirkman, 273 S.E.2d 712 (N.C. 1981). “G.S. 6-21 vests in a trial court the discretion to tax costs against either party in certain-specified instances.”

Babb v. Graham, 660 S.E.2d 626 (N.C. Ct. App. 2008). “N.C. Gen. Stat. § 6-21 (2) (2007) provides as follows: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (2) Caveats to wills and any action or proceeding which may require the construction of…”

Hill v. Cox, 424 S.E.2d 201 (N.C. Ct. App. 1993). “N.C.G.S. § 6-21(2) authorizes the trial court, in its discretion, to allow attorney fees to counsel for unsuccessful caveators where the proceeding has substantial merit.”

Belk ex rel. Belk v. Belk, 728 S.E.2d 356 (N.C. Ct. App. 2012). “Nonetheless, N.C. Gen. Stat. § 6-21 (2011) enumerates certain types of cases in which “attorneys’ fees may be included as a part of the costs in such amounts as the court in its discretion determines and allows.”

Dyer v. State, 416 S.E.2d 1 (N.C. 1992). “This case is governed by N.C.G.S. § 6-21 which provides in part as follows: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: (2) Caveats to wills and any action or proceeding which may require…”

— N.C. Gen. Stat. § 6-21(5) — 1 case

City of Charlotte v. McNeely, 190 S.E.2d 179 (N.C. 1972).

— N.C. Gen. Stat. § 6-21(6) — 5 cases

Davis v. Davis, 293 S.E.2d 268 (N.C. Ct. App. 1982).

Hoskins v. Hoskins, 131 S.E.2d 326 (N.C. 1963).

Morpul, Inc. v. Mayo Knitting Mill, Inc., 143 S.E.2d 707 (N.C. 1965).

Thigpen v. Piver, 246 S.E.2d 67 (N.C. Ct. App. 1978).

Tyser v. Sears, 112 S.E.2d 750 (N.C. 1960).

— N.C. Gen. Stat. § 6-21(7) — 2 cases

Dorsey v. Dorsey, 281 S.E.2d 429 (N.C. Ct. App. 1981).

Harris v. Gilchrist, 785 S.E.2d 119 (N.C. Ct. App. 2016).

— N.C. Gen. Stat. § 6-21(8) — 3 cases

Northampton Cnty. Drainage Dist. No. One v. Bailey, 392 S.E.2d 352 (N.C. 1990). “N.C.G.S. § 6-21 provides in part: Costs in the following matters shall be taxed against either party, or apportioned among the parties, in the discretion of the court: *750 (8) In all proceedings under the Chapter entitled Drainage, except as therein otherwise provided.”

Northampton Cnty. Drainage Dist. No. One v. Bailey, 373 S.E.2d 560 (N.C. Ct. App. 1988).

Northampton Cty. Drainage D. v. Bailey, 392 S.E.2d 352 (N.C. 1990).

— N.C. Gen. Stat. § 6-21(b)(4) — 1 case

Denver Prop. Partners, LLC v. Sisson, 2020 NCBC 34 (N.C. Bus. Ct. 2020).

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