Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-325 Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay pr...

§ 19.2-325. Provisions which apply to criminal as well as civil cases; when plaintiff in error unable to pay pr...

Sections 8.01-675.1, 8.01-675.2, 8.01-675.3, 8.01-684 and 17.1-328 shall apply as well to criminal cases as to civil cases. In a felony case in the Court of Appeals or the Supreme Court, if the plaintiff in error files with the Clerk of the Court an affidavit that he is unable to pay or secure to be paid the costs of printing the record in the case, together with a certificate of the judge of the trial court to the effect that he has investigated the matter and is of opinion that the plaintiff in error is unable to pay, or secure to be paid, such costs, the printing shall be done as if the costs had been paid and the clerk shall not be required to account for and pay the same into the state treasury. However, if the costs are not paid or secured to be paid and upon the hearing of the case the judgment of the court below is wholly affirmed by the Court of Appeals and no appeal granted by the Supreme Court, or wholly affirmed by the Supreme Court where appeal is granted, the Court in affirming the judgment shall also give judgment in behalf of the Commonwealth against the plaintiff in error for the amount of the costs to be taxed by its clerk.

(Code 1950, § 19.1-289; 1960, c. 366; 1975, c. 495; 1984, c. 703.)

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Last modified: April 16, 2009