§ 35A-1116. Costs and fees. - North Carolina Statutes

§ 35A‑1116.  Costs andfees.

(a)        Costs. – Except asotherwise provided herein, costs shall be assessed as in special proceedings.Costs, including any reasonable fees and expenses of counsel for the petitionerwhich the clerk, in his discretion, may allow, may be taxed against eitherparty in the discretion of the court unless:

(1)        The clerk finds thatthe petitioner did not have reasonable grounds to bring the proceeding, inwhich case costs shall be taxed to the petitioner; or

(2)        The respondent isindigent, in which case the costs shall be waived by the clerk if not taxedagainst the petitioner as provided above or otherwise paid as provided insubsection (b) or (c).

(b)        MultidisciplinaryEvaluation. – The cost of a multidisciplinary evaluation order pursuant to G.S.35A‑1111 shall be assessed as follows:

(1)        If the respondent isadjudicated incompetent and is not indigent, the cost shall be assessed againstthe respondent;

(2)        If the respondent isadjudicated incompetent and is indigent, the cost shall be borne by theDepartment of Health and Human Services;

(3)        If the respondent isnot adjudicated incompetent, the cost may be taxed against either party,apportioned among the parties, or borne by the Department of Health and HumanServices, in the discretion of the court.

(c)        Witness. – Witnessfees shall be paid by:

(1)        The respondent, ifthe respondent is adjudicated incompetent and is not indigent;

(2)        The petitioner, ifthe respondent is not adjudicated incompetent and the clerk finds that therewere not reasonable grounds to bring the proceeding;

(2a)      The petitioner forany of the petitioner's witnesses, and the respondent for any of therespondent's witnesses, when the clerk finds all of the following:

a.         There werereasonable grounds to bring the proceeding.

b.         The respondent wasnot adjudicated incompetent.

c.         The respondent isnot indigent.

(3)        The AdministrativeOffice of the Courts for witness fees for the respondent, if the respondent isindigent.

(c1)      Mediator. – Mediatorfees and other costs associated with mediation shall be assessed in accordancewith G.S. 7A‑38.3B.

(c2)      Guardian Ad Litem. –The fees of an appointed guardian ad litem shall be paid by:

(1)        The respondent, if:

a.         The respondent isadjudicated incompetent; and

b.         The respondent isnot indigent.

(2)        The respondent, if:

a.         The respondent isnot adjudicated incompetent;

b.         The clerk finds thatthere were reasonable grounds to bring the proceeding; and

c.         The respondent isnot indigent.

(3)        The petitioner, if:

a.         The respondent isnot adjudicated incompetent; and

b.         The clerk finds thatthere were not reasonable grounds to bring the proceedings.

(4)        The Office ofIndigent Defense Services in all other cases.

(d)        The provisions ofthis section shall also apply to all parties to any proceedings under thisChapter, including a guardian who has been removed from office and the suretieson the guardian's bond.  (1987, c. 550, s. 1; 1989, c. 473, s. 15; 1995, c. 235, s. 9; 1997‑443,s. 11A.118(a); 2005‑67, s. 3; 2009‑387, s. 1.)