{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-606.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-606.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-606.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-606.html"}],"law_id":82411,"edition_id":1,"section_id":82411,"structure_id":13302,"section_number":"17.1-606","catch_line":"Persons allowed services without fees or costs","history":"Code 1950, \u00a7 14-180; 1964, c. 386, \u00a7 14.1-183; 1972, c. 839; 1987, c. 197; 1998, c. 872; 2017, cc. 226, 227; 2019, cc. 411, 730; 2020, c. 654.","full_text":"A\n\nAny person who is (i) a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel whom the court may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party.B\n\nIn determining a person’s inability to pay fees or costs on account of his poverty, the court shall consider whether such person is a current recipient of a state or federally funded public assistance program for the indigent or is represented by a legal aid society, subject to § 54.1-3916, including an attorney appearing as counsel, pro bono, or assigned or referred by a legal aid society. If so, such person shall be presumed unable to pay such fees or costs. Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91, such presumption shall be rebuttable where the court finds that a more thorough examination of the person’s financial resources is necessary.C\n\nIf a person claims indigency but is not presumptively unable to pay under subsection B, or a court, where applicable, finds that a more thorough examination of the financial resources of the petitioner is needed, the court shall consider:1\n\nThe net income of such person, which shall include his total salary and wages, less deductions required by law and tax withholdings;2\n\nSuch person’s liquid assets, including all cash on hand as well as assets in checking, savings, and similar accounts; and3\n\nAny exceptional expenses of such person and his dependents, including costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the person shall be calculated as the sum of his total income and liquid assets less exceptional expenses as provided in subdivision 3. If the available funds are equal to or less than 125 percent of the federal poverty income guidelines prescribed for the size of the household of such person by the federal Department of Health and Human Services, he shall be presumed unable to pay. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.","order_by":null,"text":{"0":{"id":295273,"text":"Any person who is (i) a plaintiff in a civil action in a court of the Commonwealth and a resident of the Commonwealth or (ii) a defendant in a civil action in a court of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel whom the court may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":295274,"text":"In determining a person’s inability to pay fees or costs on account of his poverty, the court shall consider whether such person is a current recipient of a state or federally funded public assistance program for the indigent or is represented by a legal aid society, subject to § 54.1-3916, including an attorney appearing as counsel, pro bono, or assigned or referred by a legal aid society. If so, such person shall be presumed unable to pay such fees or costs. Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91, such presumption shall be rebuttable where the court finds that a more thorough examination of the person’s financial resources is necessary.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":295275,"text":"If a person claims indigency but is not presumptively unable to pay under subsection B, or a court, where applicable, finds that a more thorough examination of the financial resources of the petitioner is needed, the court shall consider:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":295276,"text":"The net income of such person, which shall include his total salary and wages, less deductions required by law and tax withholdings;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":295277,"text":"Such person’s liquid assets, including all cash on hand as well as assets in checking, savings, and similar accounts; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":295278,"text":"Any exceptional expenses of such person and his dependents, including costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the person shall be calculated as the sum of his total income and liquid assets less exceptional expenses as provided in subdivision 3. If the available funds are equal to or less than 125 percent of the federal poverty income guidelines prescribed for the size of the household of such person by the federal Department of Health and Human Services, he shall be presumed unable to pay. The Supreme Court of Virginia shall be responsible for distributing to all courts the annual updates of the federal poverty income guidelines made by the Department.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2"}},"ancestry":[{"id":13302,"edition_id":1,"name":"Costs Generally","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12766,"metadata":{},"date_created":"2026-06-26 03:44:36","date_modified":"2026-06-26 03:44:36","permalink":{"id":163843,"object_type":"structure","relational_id":13302,"identifier":"6","token":"17.1\/6","url":"\/17.1\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12766,"edition_id":1,"name":"Courts of Record","identifier":"17.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":162799,"object_type":"structure","relational_id":12766,"identifier":"17.1","token":"17.1","url":"\/17.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71941,"structure_id":13302,"section_number":"17.1-600","catch_line":"Laws of costs not penal; discretion of courts of equity","url":"\/17.1-600\/","token":"17.1\/6\/17.1-600","metadata":false},{"id":74651,"structure_id":13302,"section_number":"17.1-601","catch_line":"General rule as to recovery of costs on final judgment","url":"\/17.1-601\/","token":"17.1\/6\/17.1-601","metadata":false},{"id":72553,"structure_id":13302,"section_number":"17.1-602","catch_line":"When successful plaintiff not to recover costs","url":"\/17.1-602\/","token":"17.1\/6\/17.1-602","metadata":false},{"id":74336,"structure_id":13302,"section_number":"17.1-603","catch_line":"Costs when suit is in name of one person for another","url":"\/17.1-603\/","token":"17.1\/6\/17.1-603","metadata":false},{"id":54291,"structure_id":13302,"section_number":"17.1-604","catch_line":"Costs in appellate courts","url":"\/17.1-604\/","token":"17.1\/6\/17.1-604","metadata":false},{"id":80522,"structure_id":13302,"section_number":"17.1-605","catch_line":"Same; printing or otherwise reproducing brief and appendix","url":"\/17.1-605\/","token":"17.1\/6\/17.1-605","metadata":false},{"id":82411,"structure_id":13302,"section_number":"17.1-606","catch_line":"Persons allowed services without fees or costs","url":"\/17.1-606\/","token":"17.1\/6\/17.1-606","metadata":false},{"id":56185,"structure_id":13302,"section_number":"17.1-607","catch_line":"Security for costs upon suit by nonresident","url":"\/17.1-607\/","token":"17.1\/6\/17.1-607","metadata":false},{"id":60968,"structure_id":13302,"section_number":"17.1-608","catch_line":"How obligor in such bond may obtain indemnity","url":"\/17.1-608\/","token":"17.1\/6\/17.1-608","metadata":false},{"id":67742,"structure_id":13302,"section_number":"17.1-609","catch_line":"Costs on certain motions and interlocutory orders","url":"\/17.1-609\/","token":"17.1\/6\/17.1-609","metadata":false},{"id":79179,"structure_id":13302,"section_number":"17.1-610","catch_line":"Payment of costs when new trial granted","url":"\/17.1-610\/","token":"17.1\/6\/17.1-610","metadata":false},{"id":63515,"structure_id":13302,"section_number":"17.1-611","catch_line":"Allowances to witnesses for Commonwealth","url":"\/17.1-611\/","token":"17.1\/6\/17.1-611","metadata":false},{"id":61141,"structure_id":13302,"section_number":"17.1-612","catch_line":"Allowances to other witnesses","url":"\/17.1-612\/","token":"17.1\/6\/17.1-612","metadata":false},{"id":57684,"structure_id":13302,"section_number":"17.1-613","catch_line":"By whom and upon what certificate allowances to witnesses paid","url":"\/17.1-613\/","token":"17.1\/6\/17.1-613","metadata":false},{"id":56836,"structure_id":13302,"section_number":"17.1-614","catch_line":"List of entries made on behalf of witnesses","url":"\/17.1-614\/","token":"17.1\/6\/17.1-614","metadata":false},{"id":85754,"structure_id":13302,"section_number":"17.1-615","catch_line":"Time within which witnesses may be paid out of state treasury","url":"\/17.1-615\/","token":"17.1\/6\/17.1-615","metadata":false},{"id":55762,"structure_id":13302,"section_number":"17.1-616","catch_line":"Restriction of costs for witnesses generally; when entry for witness not allowed","url":"\/17.1-616\/","token":"17.1\/6\/17.1-616","metadata":false},{"id":76661,"structure_id":13302,"section_number":"17.1-617","catch_line":"Number of witnesses paid fees in criminal cases","url":"\/17.1-617\/","token":"17.1\/6\/17.1-617","metadata":false},{"id":61837,"structure_id":13302,"section_number":"17.1-618","catch_line":"Allowances for jurors; expenses of keeping jury together; fees of jury commissioners and commissioner in chancery for drawing of juries","url":"\/17.1-618\/","token":"17.1\/6\/17.1-618","metadata":false},{"id":62044,"structure_id":13302,"section_number":"17.1-619","catch_line":"How jurors paid","url":"\/17.1-619\/","token":"17.1\/6\/17.1-619","metadata":false},{"id":60089,"structure_id":13302,"section_number":"17.1-620","catch_line":"When juror not entitled to compensation","url":"\/17.1-620\/","token":"17.1\/6\/17.1-620","metadata":false},{"id":61886,"structure_id":13302,"section_number":"17.1-621","catch_line":"Clerk to make entry on minutes stating amount due and by whom payable","url":"\/17.1-621\/","token":"17.1\/6\/17.1-621","metadata":false},{"id":83672,"structure_id":13302,"section_number":"17.1-622","catch_line":"Clerk to transmit orders making allowances to Supreme Court, treasurer and jurors","url":"\/17.1-622\/","token":"17.1\/6\/17.1-622","metadata":false},{"id":86140,"structure_id":13302,"section_number":"17.1-623","catch_line":"Payment of allowances","url":"\/17.1-623\/","token":"17.1\/6\/17.1-623","metadata":false},{"id":76067,"structure_id":13302,"section_number":"17.1-624","catch_line":"Who to tax costs","url":"\/17.1-624\/","token":"17.1\/6\/17.1-624","metadata":false},{"id":78268,"structure_id":13302,"section_number":"17.1-625","catch_line":"Repealed","url":"\/17.1-625\/","token":"17.1\/6\/17.1-625","metadata":false},{"id":73738,"structure_id":13302,"section_number":"17.1-626","catch_line":"Other items to be taxed in costs","url":"\/17.1-626\/","token":"17.1\/6\/17.1-626","metadata":false},{"id":74739,"structure_id":13302,"section_number":"17.1-626.1","catch_line":"Recovery of costs in civil actions for bad checks","url":"\/17.1-626.1\/","token":"17.1\/6\/17.1-626.1","metadata":false},{"id":76386,"structure_id":13302,"section_number":"17.1-627","catch_line":"Premium on indemnifying bond taxed as costs","url":"\/17.1-627\/","token":"17.1\/6\/17.1-627","metadata":false},{"id":67510,"structure_id":13302,"section_number":"17.1-628","catch_line":"Judgment or decree for costs on behalf of Commonwealth; costs to be paid into state treasury","url":"\/17.1-628\/","token":"17.1\/6\/17.1-628","metadata":false},{"id":84537,"structure_id":13302,"section_number":"17.1-629","catch_line":"No judgment for costs against Commonwealth; exception","url":"\/17.1-629\/","token":"17.1\/6\/17.1-629","metadata":false}],"previous_section":{"id":80522,"structure_id":13302,"section_number":"17.1-605","catch_line":"Same; printing or otherwise reproducing brief and appendix","url":"\/17.1-605\/","token":"17.1\/6\/17.1-605","metadata":false},"next_section":{"id":56185,"structure_id":13302,"section_number":"17.1-607","catch_line":"Security for costs upon suit by nonresident","url":"\/17.1-607\/","token":"17.1\/6\/17.1-607","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-606\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 386; in 1972, chapter 839; in 1987, chapter 197; in 1998, chapter 872<\/a>; in 2017, chapters 226<\/a> and 227<\/a>; in 2019, chapters 411<\/a> and 730<\/a>; in 2020, chapter 654<\/a>.<\/p>","references":[{"id":54422,"section_number":"16.1-296.2","catch_line":"Appeals of certain custody and visitation proceedings","order_by":null,"url":"\/16.1-296.2\/"},{"id":77366,"section_number":"16.1-69.48:5","catch_line":"Fees for services of juvenile and domestic relations district court judges and clerks in certain civil cases","order_by":null,"url":"\/16.1-69.48_5\/"},{"id":74060,"section_number":"19.2-163.4","catch_line":"Inapplicability of \u00a7\u00a7 17.1-606 and 19.2-163 where public defender offices established; exception","order_by":null,"url":"\/19.2-163.4\/"},{"id":83830,"section_number":"19.2-327.19","catch_line":"Relief under writ of vacatur","order_by":null,"url":"\/19.2-327.19\/"}],"refers_to":[{"id":82064,"section_number":"20-91","catch_line":"Grounds for divorce from bond of matrimony; contents of decree","order_by":null,"url":"\/20-91\/"},{"id":86976,"section_number":"54.1-3916","catch_line":"Legal aid societies","order_by":null,"url":"\/54.1-3916\/"}],"permalink":{"id":163869,"object_type":"law","relational_id":82411,"identifier":"17.1-606","token":"17.1\/6\/17.1-606","url":"\/17.1-606\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-606\/","token":"17.1\/6\/17.1-606","dublin_core":{"Title":"Persons allowed services without fees or costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-606","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any person who is (i) a plaintiff<\/span> in a civil action<\/span> in a court<\/span> of the Commonwealth and a resident of the Commonwealth or (ii) a defendant<\/span> in a civil action<\/span> in a court<\/span> of the Commonwealth, and who is on account of his poverty unable to pay fees or costs, may be allowed by a court<\/span> to sue or defend a suit therein, without paying fees or costs; whereupon he shall have, from any counsel<\/span> whom the court<\/span> may assign him, and from all officers, all needful services and process, without any fees, except what may be included in the costs recovered from the opposite party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In determining a person’s inability to pay fees or costs on account of his poverty, the court<\/span> shall consider whether such person is a current recipient of a state or federally funded public assistance program for the indigent<\/span> or is represented by a legal aid society, subject to § 54.1-3916<\/a>, including an attorney appearing as counsel<\/span>, pro bono, or assigned or referred by a legal aid society. If so, such person shall be presumed unable to pay such fees or costs. Except in the case of a no-fault divorce proceeding under subdivision A (9) of § 20-91<\/a>, such presumption<\/span> shall be rebuttable where the court<\/span> finds that a more thorough examination of the person’s financial resources is necessary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person claims indigency but is not presumptively unable to pay under subsection B, or a court<\/span>, where applicable, finds that a more thorough examination of the financial resources of the petitioner is needed, the court<\/span> shall consider: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The net income of such person, which shall include his total salary and wages, less deductions required by law<\/span> and tax withholdings; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Such person’s liquid assets<\/span>, including all cash on hand as well as assets<\/span> in checking, savings, and similar accounts; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any exceptional expenses of such person and his dependents, including costs for medical care, family support obligations, and child care payments.\n\t\t\t\tThe available funds of the person shall be calculated as the sum of his total income and liquid assets<\/span> less exceptional expenses as provided in subdivision 3. If the available funds are equal to or less than 125 percent of the federal poverty income guidelines prescribed for the size of the household of such person by the federal Department of Health and Human Services, he shall be presumed unable to pay. The Supreme Court<\/span> of Virginia shall be responsible for distributing to all courts<\/span> the annual updates of the federal poverty income guidelines made by the Department. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERSONS ALLOWED SERVICES WITHOUT FEES OR COSTS (\u00a7 17.1-606)\n\nA. Any person who is (i) a plaintiff in a civil action in a court of the\nCommonwealth and a resident of the Commonwealth or (ii) a defendant in a civil\naction in a court of the Commonwealth, and who is on account of his poverty\nunable to pay fees or costs, may be allowed by a court to sue or defend a suit\ntherein, without paying fees or costs; whereupon he shall have, from any counsel\nwhom the court may assign him, and from all officers, all needful services and\nprocess, without any fees, except what may be included in the costs recovered\nfrom the opposite party.\n\nB. In determining a person’s inability to pay fees or costs on account of\nhis poverty, the court shall consider whether such person is a current recipient\nof a state or federally funded public assistance program for the indigent or is\nrepresented by a legal aid society, subject to § 54.1-3916, including an\nattorney appearing as counsel, pro bono, or assigned or referred by a legal aid\nsociety. If so, such person shall be presumed unable to pay such fees or costs.\nExcept in the case of a no-fault divorce proceeding under subdivision A (9) of\n§ 20-91, such presumption shall be rebuttable where the court finds that a\nmore thorough examination of the person’s financial resources is\nnecessary.\n\nC. If a person claims indigency but is not presumptively unable to pay under\nsubsection B, or a court, where applicable, finds that a more thorough\nexamination of the financial resources of the petitioner is needed, the court\nshall consider:\n\n 1. The net income of such person, which shall include his total salary and\n wages, less deductions required by law and tax withholdings;\n\n 2. Such person’s liquid assets, including all cash on hand as well as\n assets in checking, savings, and similar accounts; and\n\n 3. Any exceptional expenses of such person and his dependents, including costs\n for medical care, family support obligations, and child care payments.\n \t\t\t\tThe available funds of the person shall be calculated as the sum of his\n total income and liquid assets less exceptional expenses as provided in\n subdivision 3. If the available funds are equal to or less than 125 percent of\n the federal poverty income guidelines prescribed for the size of the household\n of such person by the federal Department of Health and Human Services, he\n shall be presumed unable to pay. The Supreme Court of Virginia shall be\n responsible for distributing to all courts the annual updates of the federal\n poverty income guidelines made by the Department.\n\nHISTORY: Code 1950, \u00a7 14-180; 1964, c. 386, \u00a7 14.1-183; 1972, c. 839; 1987, c.\n197; 1998, c. 872; 2017, cc. 226, 227; 2019, cc. 411, 730; 2020, c. 654.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}