New 2013 Courts Costs

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There will be new court costs and filing fees under the new budget passed by the General Assembly.

Important changes:

Motion fee assessed for filing of “notice of hearing” on a motion, not for the filing of the motion, itself.

Counter- and cross-claim fees apply to third-party complaints.

The Motion fee changes were included in Senate Bill 402, the section is referenced below.

AMEND MOTION FEES

SECTION 18B.17.(a)  G.S. 7A?305(f), as amended by Section 4(a) of S.L. 2013?225, reads as rewritten:

“(f)       For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any filing containing one or more motions of a notice of hearing on a motion not listed in G.S. 7A?308 that is filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a sole claim for relief the taxing of costs, including attorneys’ fees, to a motion filed pursuant to G.S. 1C?1602 or G.S. 1C?1603, or to a motion filed by a child support enforcement agency established pursuant to Part D of Title IV of the Social Security Act. No more than one fee shall be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing is continued, rescheduled, or otherwise delayed.

SECTION 18B.17.(b)  G.S. 7A?306(g), as amended by Section 4(b) of S.L. 2013?225,  reads as rewritten:

“(g)       For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any filing containing one or more motions of a notice of hearing on a motion not listed in G.S. 7A?308 that is filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a sole claim for relief the taxing of costs, including attorneys’  fees, or to a motion filed pursuant to G.S. 1C?1602 or G.S. 1C?1603. No more than one fee shall be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing is continued, rescheduled, or otherwise delayed.

SECTION 18B.17.(c)  G.S. 7A?307(a)(4), as amended by Section 4(c) of S.L. 2013?225, reads as rewritten:

“(4)      For the support of the General Court of Justice, the sum of twenty dollars ($20.00) shall accompany any filing requiring a notice of hearing and containing one or more motions of a notice of hearing on a motion not listed in G.S. 7A?308 that is filed with the clerk. No costs shall be assessed to a notice of hearing on a motion containing as a sole claim for relief the taxing of costs, including attorneys’ fees, or to a motion filed pursuant to G.S. 1C?1602 or G.S. 1C?1603. No more than one fee shall be assessed for any motion for which a notice of hearing is filed, regardless of whether the hearing is continued, rescheduled, or otherwise delayed.

SECTION 18B.17.(d)  This section becomes effective August 1, 2013, and applies to notices of hearing on a motion not listed in G.S. 7A?308 filed on or after that date.

 


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