The costs, or such part thereof as the court may deem proper and just in view of the particular circumstances of the case, may be awarded to any party.
§ 8.01-190.Costs.
Chapter 3. Actions · Article 17. Declaratory Judgments · Last amended 1977 · Last verified July 16, 2026
In one sentenceIn a declaratory judgment action, the court may award costs — or whatever portion of them it considers proper and just given the case’s particular circumstances — to any party.
Full Text of § 8.01-190
Plain-English Summary
Section 8.01-190 gives the court discretion over costs in a declaratory judgment case, rather than applying an automatic rule tied to who wins. The costs, or such part of them as the court deems proper and just in light of the particular circumstances of the case, may be awarded to any party.
That flexibility fits the nature of declaratory relief, where a case can resolve a genuine dispute without producing a clear winner and loser in the way an ordinary damages suit does. The court is free to weigh how the case was litigated and what the declaration accomplished before deciding who should bear, or share, the costs.
Frequently Asked Questions
Who decides how costs are allocated in a declaratory judgment case?
The court, in its discretion.
Must the prevailing party automatically receive costs under Section 8.01-190?
No, the court awards costs, or a proper portion of them, to any party as it deems just given the circumstances.
Can costs be split rather than awarded entirely to one side?
Yes, the section allows awarding such part of the costs as the court deems proper.
Why might Virginia give courts this flexibility on costs in declaratory actions?
Because declaratory judgment cases often resolve genuine legal uncertainty without one side winning money from the other.
Does this section apply only to actions under Section 8.01-184, or the whole article?
It applies broadly to declaratory judgment costs within Article 17.
Amendment History
Code 1950, § 8-584; 1977, c. 617.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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