Virginia Code

Va. Code Ann. § 17.1-600 (2026)

Laws of costs not penal; discretion of courts of equity

✓ current as of May 2026

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The laws of costs shall not be interpreted as penal laws; nor shall anything in this chapter take away or abridge the discretion of a court of equity over the subject of costs, except as provided in § 17.1-604.

Code 1950, § 14-174; 1964, c. 386, § 14.1-177; 1998, c. 872.

Notes of Decisions

Cited in 12 cases, 1999–2020 · leading case: Chacey v. Garvey, 781 S.E.2d 357 (Va. 2015).

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Chacey v. Garvey, 781 S.E.2d 357 (Va. 2015). · cites it 3× “" Accordingly, whether Garvey is entitled to attorney's fees depends upon the meaning of the phrase "directly associated legal costs.”

People v. Howell, 64 P.3d 894 (Colo. Ct. App. 2002). “Accordingly, costs imposed pursuant to the statute are not excessive in relation to the purpose of reimbursement of actual expenses. *900 Additionally, costs are not traditionally considered to be punishment.”

Lansdowne Dev. Co. v. Xerox Realty Corp., 514 S.E.2d 157 (Va. 1999). “1-177 through -201 [now § 17.1-600, et seq.], is limited only to those costs essential for prosecution of the suit, such as filing fees or charges for service of process,” id.”

Murphy v. Charlotte Cnty. Dep't of Soc. Servs., 706 S.E.2d 546 (Va. Ct. App. 2011). · cites it 7× “He argues that the General Assembly has waived the Department’s sovereign immunity in suits in equity where a party seeks an award of costs, pointing to Code §§ 17.1-600 and 17.1-629, which are found in the title of the Code addressing actions in “courts of record,” i.”

Bhagat v. Diamond Info. Sys., L.L.C., 84 Va. Cir. 233 (Loudoun Cir. Ct. 2012). · cites it 6× “88 pursuant to Va. Code § 17.1-600 et seq. Diamond filed its Opposition on December 5, 2011, and Bhagat and Peak State filed its Reply on December 8, 2011.”

Berry v. Fitzhugh (Va. 2020). · cites it 2× “See Code § 17.1-600; Brown v. Coates, 165 Va.”

Carter v. Wyczalkowski, 79 Va. Cir. 599 (Loudoun Cir. Ct. 2009). · cites it 3× “, Va. Code §§ 17.1-600, 17.1-601. Under Va.”

Fairfax Square, L.L.C. v. Hermes of Paris, Inc., 89 Va. Cir. 406 (Fairfax Cir. Ct. 2015). · cites it 3× “) and costs allowed under equity, but not including attorney’s fees, fees paid to the court clerk for filing the lawsuit (or counterclaim), fees paid for serving a summons or notice to Plaintiff, fees paid for serving subpoenas on witnesses, mileage costs for witnesses, costs of…”

Maria Isabella Turpin v. Billy Keith McGowan (Va. Ct. App. 2012). · cites it 2× “1-177 [now Code § 17.1-600]. Id. at 322, 429 S.E.2d at 487 .”

Selena Gudino v. Dennis Gudino (Va. Ct. App. 2011). · cites it 2× “Mother suggests that because husband makes substantially more money per year than she does, he should pay the entire fee.”

Sharon Luanne Walker v. Charles R. Pfeiffer (Va. Ct. App. 2000). · cites it 2× “Moreover, the trial court did not abuse its discretion by arbitrarily fixing the date from which the interest should run from January 2, 1996, a date after which Pfeiffer had paid the entire loan.”

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