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2017 SESSION
17101994D
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-606 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-606. Persons allowed services without fees or costs.
Any person, who is (i)
a plaintiff in a civil action in a court of the
Commonwealth and a resident of this
the Commonwealth or (ii)
a defendant in a civil action in a court of the Commonwealth, and who is
on account of his poverty is
unable to pay fees or costs, may be
allowed by a court to sue or defend a suit therein,
without paying fees or costs; whereupon he shall have,
from any counsel whom the court may assign him, and from all officers, all
needful services and process, without any fees,
except what may be included in the costs recovered from the opposite party. In determining a person's inability to pay fees or
costs on account of his poverty, the court shall
consider the factors set forth in subsection B of §
19.2-159. If the person is
represented by an attorney working for a nonprofit legal aid program organized
under the auspices of the Virginia State Bar or by a private attorney providing
free legal assistance to
the person under the auspices of such a program, and the person's eligibility
for such representation is based on
the person's indigency, then such person shall be presumed to be eligible to
proceed in the civil action without paying fees or costs.