N.C. Gen. Stat. » Chapter 6
NC General Statutes

N.C. Gen. Stat. § 6-53 (2026)

Witness to prove attendance; action for fees

✓ current as of July 2026
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Every person summoned, who shall attend as a witness in any suit, shall, before the clerk of the court, or before the referee or officer taking the testimony, ascertain by his own oath or affirmation the sum due for traveling to and from court, attendance and ferriage, which shall be certified by the clerk; and on failure of the party, at whose instance such witness was summoned (witnesses for the State and municipal corporations excepted), to pay the same previous to the departure of the witness from court, such witness may at any time sue for and recover the same from the party summoning him; and the certificate of the clerk shall be sufficient evidence of the debt. (1777, c. 115, s. 46, P.R.; 1796, c. 458, P.R.; R.C., c. 31, s. 73; 1868-9, c. 279, subch. 11, ss. 2, 4; Code, s. 1369; Rev., s. 1299; C.S., s. 1274; 1971, c. 269, s. 12.)

 

§§ 6-54 through 6-56.  Repealed by Session Laws 1971, c. 269, s. 15.

 

Notes of Decisions
Cited in 3 cases, 1972–2015 · leading case: Lassiter, ex rel. v. North Carolina Baptist Hospitals, Inc., 778 S.E.2d 68 (N.C. 2015).
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Lassiter, ex rel. v. North Carolina Baptist Hospitals, Inc., 778 S.E.2d 68 (N.C. 2015). · cites it 3× “2d at 186 (stating that “[t]he losing party is taxed with the costs of his adversary’s witness only if the witness was subpoenaed and examined or tendered” (citing N.C.G.S. § 6-53 (1969)); Chadwick v. Life Ins.”
City of Charlotte v. McNeely, 190 S.E.2d 179 (N.C. 1972). “G.S. 6-53. Chadwick v. Insurance Co., supra; 2 McIntosh, N.”
Couch v. Couch, 196 S.E.2d 64 (N.C. Ct. App. 1973). “7A-314 and G.S. 6-53. The order awarding expert witness fees must,- therefore, be vacated.”
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