Costs in Voluntary Dismissal

[advocate11]

Jurisdiction

North Carolina

The defendant's lawyer has made an offer to settle my case for the amount I am suing, on the grounds that I file a Voluntary Dismissal with Prejudice.

Regarding Rule 41 Dismissal of Actions, particularly section (d) Costs; is the plaintiff responsible for just the court costs as it relates to the General Court of Justice Fee, facility fee, etc. (which I have already paid when the civil suit was filed)? Or does this cost also include the defendant's attorneys' fees and expenses incurred?

Lastly when settling, do you file the Voluntary Dismissal after or before you have received the monies owed?

 

[army judge]

is the plaintiff responsible for just the court costs as it relates to the General Court of Justice Fee, facility fee, etc. (which I have already paid when the civil suit was filed)?

You don't want to take any important legal action based solely upon the representations of strangers, do you?

You need to ask all of your questions of YOUR lawyer.

If you haven't engaged one, now is the time to do so, to have YOUR lawyer review ANYTHING you are asked to sign.

 

[advocate11]

Thank you for your response. I am not taking legal action based solely from strangers. But I am seeking insight from expert(s) concerning topics they may have experience in.

 

[Highwayman]

No one here is an expert. Consult with your attorney.

 

[zddoodah]

Regarding Rule 41 Dismissal of Actions

What is this a reference to? Rule 41 of the Federal Rules of Civil Procedure concerns dismissals. Many states have rules of civil procedure that are based on the Federal Rules, but that doesn't appear to be the case for North Carolina. Is your case in federal court?

is the plaintiff responsible for just the court costs as it relates to the General Court of Justice Fee, facility fee, etc. (which I have already paid when the civil suit was filed)? Or does this cost also include the defendant's attorneys' fees and expenses incurred?

Basing my answer on the Federal Rule, Rule 41(d) covers a situation in which a plaintiff files a case, dismissed that case, then refiles the same case or a similar case a second time and then voluntarily dismisses the second case. Is that what's happening in your case?

Lastly when settling, do you file the Voluntary Dismissal after or before you have received the monies owed?

The parties can agree to whatever they want, but in nearly 30 years, I have never seen a settlement involving the exchange of money for a dismissal in which the money wasn't paid first.

 

[Tax Counsel]

What is this a reference to?

The OP is referencing Rule 41 of the North Carolina Rules of Civil Procedure, which is found in Chapter 1A of the North Carolina Statutes.

 

[zddoodah]

Rule 41(d) of the NCRCP says, in pertinent part, as follows: "A plaintiff who dismisses an action or claim under section (a) of this rule shall be taxed with the costs of the action unless the action was brought in forma pauperis."

That means the plaintiff could be on the hook for the defendant's (or defendants') costs. Whether that includes the defendant's attorneys' fees is impossible to know without knowing something about the nature of the lawsuit.