VA · rules
Va. Sup. Ct. R. 3:25
Claims for Attorney Fees
(a) Scope of Rule. — This rule applies to claims for attorney fees, excluding (i)
attorney fees under § 8.01-271.1 of the Code of Virginia, and (ii) attorney fees in
domestic relations cases.
(b) Demand. — A party seeking to recover attorney fees must demand them in the
complaint filed pursuant to Rule 3:2, in a counterclaim filed pursuant to Rule 3:9, in a
cross-claim filed pursuant to Rule 3:10, in a third-party pleading filed pursuant to Rule
3:13, or in a responsive pleading filed pursuant to Rule 3:8. The demand must identify
the basis upon which the party relies in reque sting attorney fees.
(c) Waiver. — The failure of a party to file a demand as required by this rule
constitutes a waiver by the party of the claim for attorney fees, unless leave to file an
amended pleading seeking attorney fees is granted under Rule 1:8.
(d) Procedure. — Upon the motion of any party, the court must, or upon its own
motion, the court may, in advance of trial, establish a procedure to adjudicate any claim
for attorney fees.
History
Last amended by Order dated June 13, 202 2; effective August 12, 2022.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
b6b42962d7d8d8cd1c43722ae9a887a423d30c25e6ae6210a96e3eb7a0be85c5
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