{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/17.1-612.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/17.1-612.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/17.1-612.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/17.1-612.html"}],"law_id":61141,"edition_id":1,"section_id":61141,"structure_id":13302,"section_number":"17.1-612","catch_line":"Allowances to other witnesses","history":"Code 1950, \u00a7 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964, c. 386, \u00a7 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483; 1998, c. 872.","full_text":"A person attending as a witness under a summons not covered by \u00a7 17.1-611, whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in \u00a7 2.2-2823, and expenses for the tolls. On his oath an entry of the sum he is entitled to and for what and by what party it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the court in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a court, the entry shall be made upon the minutes of the court in which the case is docketed. A witness from outside the Commonwealth in any civil action may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any civil action, unless the judge of the court determines and certifies that the witness is a material witness in the matter for which he appeared. The court may allow such mileage and attendance fee or any portion thereof as the court may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an expert witness, when compelled to attend and testify, shall be allowed such compensation and mileage as the court may, if requested in its discretion, order without regard to any limitation described above, but the same shall be paid by the party in whose behalf he shall testify.","order_by":null,"text":{"0":{"id":223505,"text":"A person attending as a witness under a summons not covered by \u00a7 17.1-611, whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in \u00a7 2.2-2823, and expenses for the tolls. On his oath an entry of the sum he is entitled to and for what and by what party it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the court in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a court, the entry shall be made upon the minutes of the court in which the case is docketed. A witness from outside the Commonwealth in any civil action may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any civil action, unless the judge of the court determines and certifies that the witness is a material witness in the matter for which he appeared. The court may allow such mileage and attendance fee or any portion thereof as the court may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an expert witness, when compelled to attend and testify, shall be allowed such compensation and mileage as the court may, if requested in its discretion, order without regard to any limitation described above, but the same shall be paid by the party in whose behalf he shall testify.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/17.1-612\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1952, chapter 701; in 1954, chapter 709; in 1962, chapter 227; in 1964, chapter 386; in 1966, chapter 671; in 1972, chapter 719; in 1976, chapter 308; in 1977, chapter 483; in 1998, chapter 872<\/a>.<\/p>","references":[{"id":79179,"section_number":"17.1-610","catch_line":"Payment of costs when new trial granted","order_by":null,"url":"\/17.1-610\/"},{"id":57684,"section_number":"17.1-613","catch_line":"By whom and upon what certificate allowances to witnesses paid","order_by":null,"url":"\/17.1-613\/"},{"id":62775,"section_number":"19.2-329","catch_line":"Allowance to witnesses","order_by":null,"url":"\/19.2-329\/"},{"id":59165,"section_number":"53.1-6","catch_line":"Board may administer oaths, conduct hearings, and issue subpoenas","order_by":null,"url":"\/53.1-6\/"}],"refers_to":[{"id":63515,"section_number":"17.1-611","catch_line":"Allowances to witnesses for Commonwealth","order_by":null,"url":"\/17.1-611\/"},{"id":60037,"section_number":"2.2-2823","catch_line":"Traveling expenses on state business; public or private transportation","order_by":null,"url":"\/2.2-2823\/"}],"permalink":{"id":163893,"object_type":"law","relational_id":61141,"identifier":"17.1-612","token":"17.1\/6\/17.1-612","url":"\/17.1-612\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/17.1-612\/","token":"17.1\/6\/17.1-612","dublin_core":{"Title":"Allowances to other witnesses","Type":"Text","Format":"text\/html","Identifier":"\u00a7 17.1-612","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A person attending as a witness under a summons<\/span> not covered by \u00a7 17.1-611<\/a>, whether he is a witness from within or without the Commonwealth, shall be reimbursed for his daily mileage as prescribed in \u00a7 2.2-2823<\/a>, and expenses for the tolls. On his oath<\/span> an entry of the sum he is entitled to and for what and by what party<\/span> it is to be paid shall be made: (i) by the clerk of either house or a committee of the General Assembly when the attendance is before such house or committee and (ii) in other cases by the clerk of the court<\/span> in which the case is or the person before whom the witness attended. When the attendance was on behalf of the Commonwealth before a court<\/span>, the entry shall be made upon the minutes of the court<\/span> in which the case is docketed. A witness from outside the Commonwealth in any civil action<\/span> may be allowed the same mileage and attendance fee as any other witness in any such action. However, no sums for attendance and mileage shall be allowed a witness from outside the Commonwealth, in any civil action<\/span>, unless the judge<\/span> of the court<\/span> determines and certifies that the witness is a material witness<\/span> in the matter for which he appeared. The court<\/span> may allow such mileage and attendance fee or any portion thereof as the court<\/span> may determine to be reasonable under the circumstances of the case. A witness summoned to attend in several cases may have the entry made against either of the parties by whom he is summoned, but no witness shall be allowed reimbursement for his attendance in more than one case at the same time. Every witness who qualifies as an expert witness<\/span>, when compelled to attend and testify, shall be allowed such compensation and mileage as the court<\/span> may, if requested in its discretion, order<\/span> without regard to any limitation described above, but the same shall be paid by the party<\/span> in whose behalf he shall testify.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nALLOWANCES TO OTHER WITNESSES (\u00a7 17.1-612)\n\nA person attending as a witness under a summons not covered by \u00a7 17.1-611,\nwhether he is a witness from within or without the Commonwealth, shall be\nreimbursed for his daily mileage as prescribed in \u00a7 2.2-2823, and expenses for\nthe tolls. On his oath an entry of the sum he is entitled to and for what and by\nwhat party it is to be paid shall be made: (i) by the clerk of either house or a\ncommittee of the General Assembly when the attendance is before such house or\ncommittee and (ii) in other cases by the clerk of the court in which the case is\nor the person before whom the witness attended. When the attendance was on\nbehalf of the Commonwealth before a court, the entry shall be made upon the\nminutes of the court in which the case is docketed. A witness from outside the\nCommonwealth in any civil action may be allowed the same mileage and attendance\nfee as any other witness in any such action. However, no sums for attendance and\nmileage shall be allowed a witness from outside the Commonwealth, in any civil\naction, unless the judge of the court determines and certifies that the witness\nis a material witness in the matter for which he appeared. The court may allow\nsuch mileage and attendance fee or any portion thereof as the court may\ndetermine to be reasonable under the circumstances of the case. A witness\nsummoned to attend in several cases may have the entry made against either of\nthe parties by whom he is summoned, but no witness shall be allowed\nreimbursement for his attendance in more than one case at the same time. Every\nwitness who qualifies as an expert witness, when compelled to attend and\ntestify, shall be allowed such compensation and mileage as the court may, if\nrequested in its discretion, order without regard to any limitation described\nabove, but the same shall be paid by the party in whose behalf he shall testify.\n\nHISTORY: Code 1950, \u00a7 14-187; 1952, c. 701; 1954, c. 709; 1962, c. 227; 1964,\nc. 386, \u00a7 14.1-190; 1966, c. 671; 1972, c. 719; 1976, c. 308; 1977, c. 483;\n1998, c. 872.","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}}