Va. Sup. Ct. R. 1:1A

(a) Notwithstanding any provision of Rule 1:1, in any civil action appealed to an

appellate court that results in a final appellate judgment favorable to an appellee, a

prevailing appellee who has recovered attorney fees, costs or both in the circuit court

pursuant to a contract, statute or other applicable law may make application in the circuit

court in which judgment was entered for attorney fees, costs or both incurred on appeal.

The prevailing appellee must file the application and a copy of the final appellate

judgment with the circuit court clerk within 30 days after the entry of a final appellate

judgment. The application may be made in the same case from which the appeal was

taken, which case will be reinstated on the circuit court docket upon the filing of the

application. The appellee is not required to file a separate suit or action to recover the

fees and costs incurred on appeal, and the circuit court has continuing jurisdiction of the

case for the purpose of adjudicating the application. The circuit court’s order granting or

refusing the application, in whole or in part, is a final order for purposes of Rule 1:1. The

phrase “final appellate judgment” as used in this rule means the issuance of the mandate

by the appellate court or, in cases in which no mandate issues, the final judgment or order

of the appellate court disposing of the matter. For a petition for appeal under Rule 5:17,

the “final appellate judgment” is the later of the order denying the petition for appeal or

the order denying a petition for rehearing, if any, under Rule 5:20.

(b) Nothing in this Rule restricts or prohibits the exercise of any other right or remedy

for the recovery of attorney fees or costs, by separate suit or action, or otherwise.