Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 67. Costs

The judge shall have full discretionary power to waive the prepayment of costs or the payment of costs accruing during the action upon the sworn statement of the plaintiff or upon other satisfactory evidence of his inability to pay such costs. When costs are so waived, the notation to be made on the records of the court shall be "prepayment of costs waived," or "costs waived." If a party shall fail to pay accrued costs, though able to do so, the judge shall have power to deny said party the right to file any new case in the small claims division while such costs remain unpaid, and likewise to deny such litigant the right to proceed further in any case pending in said division. The award of costs shall be according to the discretion of the judge, who may include therein the reasonable cost or bonds and undertakings, and other reasonable expenses incidental to the suit incurred by either party.

The judge shall exercise his discretion in the award of costs, whether to the prevailing party or otherwise, not to exceed the taxable costs in the case, so as to discourage the filing of frivolous, vexatious or false claims or defenses, and to prevent interference with the administration of justice in the small claims division.--Amended May 28, 1957.

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