                                 CODE OF VIRGINIA

PAYMENT OF COSTS WHEN NEW TRIAL GRANTED (§ 17.1-610)

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 § 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.

HISTORY: Code 1950, § 14-185; 1962, c. 227; 1964, c. 386, § 14.1-188; 1998, c.
872.