§ 7A-306. Costs in special proceedings.
§ 7A‑306. Costs inspecial proceedings.
(a) In every specialproceeding in the superior court, the following costs shall be assessed:
(1) For the use of thecourtroom and related judicial facilities, the sum of ten dollars ($10.00) tobe remitted to the county. Funds derived from the facilities fees shall be usedin the same manner, for the same purposes, and subject to the samerestrictions, as facilities fees assessed in criminal actions.
(1a) (Effective untilJuly 1, 2010) For the upgrade, maintenance, and operation of the judicialand county courthouse phone systems, the sum of three dollars ($3.00), to becredited to the Court Information Technology Fund.
(1a) (Effective July 1,2010) For the upgrade, maintenance, and operation of the judicial and countycourthouse phone systems, the sum of four dollars ($4.00), to be credited tothe Court Information Technology Fund.
(2) For support of theGeneral Court of Justice the sum of seventy‑five dollars ($75.00). Inaddition, in proceedings involving land, except boundary disputes, if the fairmarket value of the land involved is over one hundred dollars ($100.00), thereshall be an additional sum of thirty cents (30¢) per one hundred dollars($100.00) of value, or major fraction thereof, not to exceed a maximumadditional sum of two hundred dollars ($200.00). Fair market value isdetermined by the sale price if there is a sale, the appraiser's valuation ifthere is no sale, or the appraised value from the property tax records if thereis neither a sale nor an appraiser's valuation. Sums collected under thissubdivision shall be remitted to the State Treasurer. The State Treasurer shallremit the sum of two dollars and five cents ($2.05) of each seventy‑five‑dollar($75.00) General Court of Justice fee collected under this subdivision to theNorth Carolina State Bar for the provision of services described in G.S. 7A‑474.4.
(b) The facilities feeand thirty dollars ($30.00) of the General Court of Justice fee are payable atthe time the proceeding is initiated.
(c) The followingadditional expenses, when incurred, are assessable or recoverable, as the casemay be:
(1) Witness fees, asprovided by law.
(2) Counsel fees, asprovided by law.
(3) Costs on appeal, ofthe original transcript of testimony, if any, insofar as essential to theappeal.
(4) Fees for personalservice of civil process, and other sheriff's fees, and for service bypublication, as provided by law.
(5) Fees of guardians adlitem, referees, receivers, commissioners, surveyors, arbitrators, appraisers,and other similar court appointees, as provided by law. The fees of suchappointees shall include reasonable reimbursement for stenographic assistance,when necessary.
(d) Costs assessedbefore the clerk shall be added to costs assessable on appeal to the judge orupon transfer to the civil issue docket.
(e) Nothing in thissection shall affect the liability of the respective parties for costs, asprovided by law.
(f) This section doesnot apply to a foreclosure under power of sale in a deed of trust or mortgage. (1965, c. 310, s. 1; 1967,c. 24, s. 2; 1971, c. 377, s. 25; c. 1181, s. 1; 1973, c. 503, s. 15; 1981, c.691, s. 3; 1983, c. 713, ss. 7‑9; c. 881, s. 4; 1985, c. 511, s. 1; 1989,c. 646, s. 1; 1991 (Reg. Sess., 1992), c. 811, s. 3; 1998‑212, s. 29A.12(c);2000‑109, s. 4(c); 2001‑424, s. 22.14(c); 2002‑135, s. 1;2005‑276, s. 43.1(c); 2007‑323, s. 30.8(c); 2008‑107, s.29.8(c); 2009‑451, s. 15.20(f), (g).)