NC General Statutes

N.C. Gen. Stat. § 6-31 (2026)

Costs where executor, administrator, trustee of express trust, or person authorized by statute a party

✓ current as of July 2026

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In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by and against a person prosecuting or defending in his own right; but such costs shall be chargeable only upon or collected out of the estate, fund or party represented, unless the court directs the same to be paid by the plaintiff or defendant, personally, for mismanagement or bad faith in such action or defense. And when any claim against a deceased person is referred, the prevailing party shall be entitled to recover the fees of referees and witnesses, and other necessary disbursements, to be taxed according to law. (Code, s. 535; Rev., s. 1277; C.S., s. 1254.)

§ 6-32. Costs against assignee after action brought.

In actions in which the cause of action becomes by assignment after the commencement of the action, or in any other manner, the property of a person not a party to the action, such person shall be liable for the costs in the same manner as if he were a party. (Code, s. 539; Rev., s. 1278; C.S., s. 1255.)

Article 4.

Costs on Appeal.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 1993–2026 · leading case: Stark v. Ford Motor Co., 739 S.E.2d 172 (N.C. Ct. App. 2013).

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Stark v. Ford Motor Co., 739 S.E.2d 172 (N.C. Ct. App. 2013). · cites it 4× “In support of their argument that Jacobsen should not be held hable for costs, plaintiffs cite N.C. Gen. Stat. § 6-31 (2011), which provides in part: In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized…”

Smith v. Underwood, 437 S.E.2d 512 (N.C. Ct. App. 1993). · cites it 2× “North Carolina General Statutes § 6-31 (1986) states in pertinent part: In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or a person expressly authorized by statute, costs shall be recovered as in an action by and against a person…”

State v. Toomer (N.C. Ct. App. 2026). “6 § 6-31 n. 42 (4th ed. 2022) (“If a criminal defendant is the witness to be impeached, prior convictions for crimes that resemble the currently charged crimes are particularly prejudicial.”

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