36 N.C. App. 690 - Siedlecki v. Powell’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “In their final argument, defendants assign error to the trial court’s order setting an expert witness fee for plaintiffs witness, Dr. Keller, to be taxed as part of the costs in the action. This assignment of error has merit. G.S. 7A-314(a) and (d) allow the court to set an expert witness fee. As interpreted by our Supreme Court in State v. Johnson, 282 N.C. 1 , 191 S.E. 2d 641 (1972), the statute requires that a witness must be under subpoena before he or she is entitled to compensation. Under this interpretation, the trial court had no authority to order the fee on behalf of Dr. Keller, who admittedly did not testify in obedience to a subpoena. Plaintiff’s argument that the provisions of G.S. 7A-314(a), allowing fees for a witness “under subpoena, bound over, or recognized” should be read in the alternative, is persuasive; however, we are bound by the decision of the Supreme Court. We hold, therefore, that the order allowing the expert witness fee must be reversed.”

   1 later decision quote this exact passage
   e.g. 56 N.C. App. 151 - Craven v. Chambers