17.1-610 - Payment of costs when new trial granted. - Virginia Statutes

§ 17.1-610. Payment of costs when new trial granted.

The party to whom a new trial is granted shall, prior to such new trial, paythe costs of the former trial, unless the court enter that the new trial isgranted for misconduct of the opposite party, who, in such case, may beordered to pay any costs which seem to the court reasonable. Such costs shallinclude the allowances to witnesses as provided in § 17.1-612. If the partywho is to pay the costs of the former trial fails to pay the same at orbefore the next term after the new trial is granted, the court may, on themotion of the opposite party, set aside the order granting it, and proceed tojudgment on the verdict or award execution for the costs, whichever seemsbest.

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