Va. Sup. Ct. R. 5A:30

(a) To Whom 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 request

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, this 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, this 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 circuit 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 printing

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 for a party who desires costs to be taxed must

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

within 14 days after the 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 statement of

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

not be delayed for taxation of costs. If the mandate has been issued before final

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

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

originated.