§ 6-21.5. Attorney's fees in nonjusticiable cases. - North Carolina Statutes

§ 6‑21.5.  Attorney'sfees in nonjusticiable cases.

In any civil action, specialproceeding, or estate or trust proceeding, the court, upon motion of theprevailing party, may award a reasonable attorney's fee to the prevailing partyif the court finds that there was a complete absence of a justiciable issue ofeither law or fact raised by the losing party in any pleading. The filing of ageneral denial or the granting of any preliminary motion, such as a motion forjudgment on the pleadings pursuant to G.S. 1A‑1, Rule 12, a motion todismiss pursuant to G.S. 1A‑1, Rule 12(b)(6), a motion for a directedverdict pursuant to G.S. 1A‑1, Rule 50, or a motion for summary judgmentpursuant to G.S. 1A‑1, Rule 56, is not in itself a sufficient reason forthe court to award attorney's fees, but may be evidence to support the court'sdecision to make such an award. A party who advances a claim or defensesupported by a good faith argument for an extension, modification, or reversalof law may not be required under this section to pay attorney's fees. The courtshall make findings of fact and conclusions of law to support its award ofattorney's fees under this section. (1983 (Reg. Sess., 1984), c. 1039, s. 1; 2006‑259,s. 13(l).)