{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-610.html"}],"law_id":79179,"edition_id":1,"section_id":79179,"structure_id":13302,"section_number":"17.1-610","catch_line":"Payment of costs when new trial granted","history":"Code 1950, \u00a7 14-185; 1962, c. 227; 1964, c. 386, \u00a7 14.1-188; 1998, c. 872.","full_text":"The party to whom a new trial is granted shall, prior to such new trial, pay the costs of the former trial, unless the court enter that the new trial is granted for misconduct of the opposite party, who, in such case, may be ordered to pay any costs which seem to the court reasonable. Such costs shall include the allowances to witnesses as provided in \u00a7 17.1-612. If the party who is to pay the costs of the former trial fails to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it, and proceed to judgment on the verdict or award execution for the costs, whichever seems best.","order_by":null,"text":{"0":{"id":283567,"text":"The party to whom a new trial is granted shall, prior to such new trial, pay the costs of the former trial, unless the court enter that the new trial is granted for misconduct of the opposite party, who, in such case, may be ordered to pay any costs which seem to the court reasonable. Such costs shall include the allowances to witnesses as provided in \u00a7 17.1-612. If the party who is to pay the costs of the former trial fails to pay the same at or before the next term after the new trial is granted, the court may, on the motion of the opposite party, set aside the order granting it, and proceed to judgment on the verdict or award execution for the costs, whichever seems best.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-610\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 1962, chapter 227; in 1964, chapter 386; in 1998, chapter 872<\/a>.<\/p>","references":false,"refers_to":[{"id":61141,"section_number":"17.1-612","catch_line":"Allowances to other witnesses","order_by":null,"url":"\/17.1-612\/"}],"permalink":{"id":163885,"object_type":"law","relational_id":79179,"identifier":"17.1-610","token":"17.1\/6\/17.1-610","url":"\/17.1-610\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-610\/","token":"17.1\/6\/17.1-610","dublin_core":{"Title":"Payment of costs when new trial granted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The party<\/span> to whom a new trial<\/span> is granted shall, prior to such new trial<\/span>, pay the costs of the former trial<\/span>, unless the court<\/span> enter that the new trial<\/span> is granted for misconduct of the opposite party<\/span>, who, in such case, may be ordered to pay any costs which seem to the court<\/span> reasonable. Such costs shall include the allowances to witnesses as provided in \u00a7 17.1-612<\/a>. If the party<\/span> who is to pay the costs of the former trial<\/span> fails to pay the same at or before the next term after the new trial<\/span> is granted, the court<\/span> may, on the motion<\/span> of the opposite party<\/span>, set aside the order<\/span> granting it, and proceed to judgment<\/span> on the verdict<\/span> or award execution for the costs, whichever seems best.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPAYMENT OF COSTS WHEN NEW TRIAL GRANTED (\u00a7 17.1-610)\n\nThe party to whom a new trial is granted shall, prior to such new trial, pay the\ncosts of the former trial, unless the court enter that the new trial is granted\nfor misconduct of the opposite party, who, in such case, may be ordered to pay\nany costs which seem to the court reasonable. Such costs shall include the\nallowances to witnesses as provided in \u00a7 17.1-612. If the party who is to pay\nthe costs of the former trial fails to pay the same at or before the next term\nafter the new trial is granted, the court may, on the motion of the opposite\nparty, set aside the order granting it, and proceed to judgment on the verdict\nor award execution for the costs, whichever seems best.\n\nHISTORY: Code 1950, \u00a7 14-185; 1962, c. 227; 1964, c. 386, \u00a7 14.1-188; 1998, c.\n872.","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}}