Va. Sup. Ct. R. 5:35

(a) To Whom Costs Allowed. — Except as otherwise provided by law, if an appeal is

dismissed, costs will be taxed against the appellant unless otherwise agreed by the parties

or ordered by this Court; if a judgment is affirmed, costs will be taxed against the

appellant unless otherwise ordered; if a judgment is reversed, costs will be taxed against

the appellee unless otherwise ordered; if a judgment is affirmed in part or reversed in

part, or is vacated, costs will be allowed as ordered by this Court.

(b) Attorney Fees. — (1) Fee Recovery by Prevailing Appellee. A prevailing appellee

who was awarded attorney fees and costs in the circuit court may make application in the

circuit court for additional fees and costs incurred on appeal pursuant to Rule 1:1A.

(2) Attorney Fees Where Authorized by Statute.

(A) In any case in which a party has a statutory, contractual or other basis to

reques t attorney fees, the party may request an award of attorney fees incurred in the

appeal of the case by making the request in an appellant’s, petitioner’s, appellee’s, or

respondent’s brief.

(B) Upon the making of a request for attorney fees as set forth in (b)(2)(A) above,

and unless otherwise provided by the terms of a contract or stipulation between the

parties, the Supreme Court may award to a party who has made such request, all of their

attorney fees, or any part thereof, or remand the issue for determination as directed in the

mandate. Such fees may include the fees incurred by such party in pursuing fees as

awarded in the circuit court.

(C) In determining whether to make such an award, the Supreme Court is not

limited to a consideration of whether a party’s position on an issue was frivolous or

lacked substantial merit but may consider all the equities of the case.

(D) Where the appellate mandate remands the issue to the circ uit court for an

award of reasonable attorney fees, in determining the reasonableness of such an award

the circuit court should consider all relevant factors, including but not limited to, the

extent to which the party was a prevailing party on the issues, the nature of the issues

involved, the time and labor involved, the financial resources of the parties, and the fee

customarily charged in the locality for similar legal services.

(c) Taxable Costs. — Costs, including the filing fee and costs incurred in the printin g

or producing of necessary copies of briefs, appendices, and petitions for rehearing, are

taxable in this Court. Costs incurred in the preparation of transcripts may be taxable in

this Court. See Code § 17.1-128.

(d) Notarized Bill of Costs. — Counsel f or a party who desires costs to be taxed

must itemize them in a notarized bill of costs, which must be fi led with the clerk of this

Court, as provided for in Rule 5:1B, within 14 days after t he date of the decision in the

case. Objections to the bill of costs must be filed with the clerk of this Court within 10

days after the date of filing the bill of costs.

(e) Award. — The clerk of this Court must prepare and certify an itemized statemen t

of costs taxed in this Court for insertion in the man date, but the issuance of the mandate

will not be delayed for taxation of costs. If the mandate has been issued befo re final

determination of costs, the statement, or any amendment thereof, will be add ed to the

mandate on request by the clerk of this Court to the clerk of the tribunal in which the case

originated.