6-21.5. Attorney's fees in nonjusticiable cases.
In any civil action, special proceeding, or estate or trust proceeding, the court, upon motion of the prevailing party, may award a reasonable attorney's fee to the prevailing party if the court finds that there was a complete absence of a justiciable issue of either law or fact raised by the losing party in any pleading. The filing of a general denial or the granting of any preliminary motion, such as a motion for judgment on the pleadings pursuant to G.S. 1A-1, Rule 12, a motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), a motion for a directed verdict pursuant to G.S. 1A-1, Rule 50, or a motion for summary judgment pursuant to G.S. 1A-1, Rule 56, is not in itself a sufficient reason for the court to award attorney's fees, but may be evidence to support the court's decision to make such an award. A party who advances a claim or defense supported by a good faith argument for an extension, modification, or reversal of law may not be required under this section to pay attorney's fees. The court shall make findings of fact and conclusions of law to support its award of attorney's fees under this section. (1983 (Reg. Sess., 1984), c. 1039, s. 1; 2006-259, s. 13(l).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 6 - Liability for Court Costs
Article 3 - Civil Actions and Proceedings.
§ 6-18 - When costs allowed as of course to plaintiff.
§ 6-19 - When costs allowed as of course to defendant.
§ 6-19.1 - Attorney's fees to parties appealing or defending against agency decision.
§ 6-20 - Costs allowed or not, in discretion of court.
§ 6-21 - Costs allowed either party or apportioned in discretion of court.
§ 6-21.1 - Allowance of counsel fees as part of costs in certain cases.
§ 6-21.2 - Attorneys' fees in notes, etc., in addition to interest.
§ 6-21.3 - Remedies for returned check.
§ 6-21.4 - Allowance of counsel fees and costs in certain cases involving principals or teachers.
§ 6-21.5 - Attorney's fees in nonjusticiable cases.
§ 6-21.6 - Reciprocal attorneys' fees provisions in business contracts.
§ 6-21.7 - Attorneys' fees; cities or counties acting outside the scope of their authority.
§ 6-22 - Petitioner to pay costs in certain cases.
§ 6-23 - Defendant unreasonably defending after notice of no personal claim to pay costs.
§ 6-24 - Suits by an indigent; payment of costs by an indigent.
§ 6-25 - Party seeking recovery on usurious contracts; no costs.
§ 6-26 - Costs in special proceedings.
§ 6-28 - Costs of laying off homestead and exemption.
§ 6-29 - Costs of reassessment of homestead.
§ 6-30 - Costs against infant plaintiff; guardian responsible.