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1998 SESSION
983703176Be it enacted by the General Assembly of Virginia:
1. That §§ 14.1-178 and 14.1-181 of the Code of Virginia are amended and reenacted as follows:
§ 14.1-178. General rule as to recovery of costs on final judgment.
A. Except when it is otherwise provided, the party for whom final
judgment is given in an action or motion, whether he be is
a plaintiff or defendant, shall recover his costs against the opposite
party; and when. When the action is against two or more
and there is a judgment for, or discontinuance as to, some, but not all of the
defendants, unless the court enter enters of record that
there was reasonable cause for making defendants those for whom there is such
judgment, or as to whom there is such discontinuance and shall order otherwise,
they shall recover their costs.
B. Costs recoverable hereunder shall include (i) filing fees, fees for service of process, and fees for issuance of subpoenas and (ii) in the discretion of the court, costs of the taking and transcribing of depositions, either or both.
§ 14.1-181. Costs in appellate courts.
A. In every case in the Supreme Court or the Court of Appeals, costs shall be recovered in such court by the party substantially prevailing and shall be awarded by the court concurrent with its decision in the case without action or motion by the parties.
B. Costs recoverable hereunder shall include the costs of copies of transcripts, briefs, appendices and petitions for rehearing.