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1998 SESSION

988627216
HOUSE BILL NO. 1250
Offered January 26, 1998
A BILL to amend and reenact §§ 14.1-195.4, 14.1-195.5, and 14.1-195.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 14.1-195.2:1, relating to payment of jury costs in civil trials.
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Patrons-- Drake, Davis, Griffith, Katzen, Landes, Nixon, Ruff, Sherwood, Stump and Williams; Senators: Quayle and Schrock
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Referred to Committee for Courts of Justice
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Be it enacted by the General Assembly of Virginia:

1. That §§ 14.1-195.4, 14.1-195.5, and 14.1-195.6 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding a section numbered 14.1-195.2:1 as follows:

§ 14.1-195.2:1. Jury costs in civil cases.

Whenever any civil action in which a trial by jury has been demanded is settled by the parties at such a time that the clerk is unable to prevent the summonsing of the jury, the clerk shall apportion the costs equally among the parties, unless the court orders otherwise.

Nothing in this section shall prevent the Commonwealth from obtaining a judgment or decree against the appropriate party for costs under this section.

§ 14.1-195.4. Same; clerk to make entry on minutes stating amount due and by whom payable.

The clerk of any court in which juries are impaneled shall, before its final adjournment at each term, and under the direction of the court, make an entry upon its minutes stating the amount to which each juror is entitled for his services or attendance during the term, and specifying how much is payable by the Commonwealth, and how much is payable by the political subdivision, and how much is payable by each party.

§ 14.1-195.5. Same; clerk to transmit orders making allowances to Supreme Court, treasurer and jurors.

Such clerk shall immediately, after the adjournment of the court, transmit to the Supreme Court a list of all orders under § 14.1-195.4 making allowances against the Commonwealth, and to the treasurer of the political subdivision a list of all such orders making allowances against the political subdivision, with a certificate to the correctness of the list and the aggregate amount thereof annexed thereto and signed by the judge of the court and himself, and such clerk shall also deliver to each juror copies of any orders making an allowance to him, whether the same be payable by the Commonwealth or, by the political subdivision, or by the parties.

§ 14.1-195.6. Same; payment of allowances.

The treasurer of such political subdivision shall upon demand pay to such juror the amount allowed him by negotiable check, which shall be repaid to such treasurer out of the public treasury or out of the political subdivision levy, as the case may be, upon the production of satisfactory proof that the same has been actually paid by him. But such treasurer shall not be repaid any allowance made against the Commonwealth unless it appearappears on the list directed to be sent to the Supreme Court. No such allowance shall be paid unless presented within two years from the time of rendering the service. However, the treasurer may receive payments from the parties if the court determines either party must pay.