(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.
Rule 1:1A.Recovery of Appellate Attorney Fees in Circuit Court.
Part One: General Rules Applicable to All Proceedings · Last amended 2024 · Last verified July 16, 2026
In one sentenceRule 1:1A lets a party who already won attorney fees or costs in circuit court, and then prevails on appeal, ask the same circuit court — within thirty days of the final appellate judgment — to award the fees and costs incurred during the appeal, without filing a new suit.
Full Text of Rule 1:1A
(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.
Plain-English Summary
Rule 1:1A gives a prevailing appellee a way to collect the attorney fees and costs of an appeal without starting a new lawsuit. It applies when a party already recovered fees or costs in circuit court under a contract, statute, or other law, then went on to win a favorable final judgment on appeal. That party may apply to the same circuit court that entered the original judgment for the fees and costs incurred on appeal.
The application must be filed, along with a copy of the final appellate judgment, within thirty days after that judgment. Filing the application reinstates the original case on the circuit court’s docket, and the circuit court keeps jurisdiction to decide the application — Rule 1:1’s usual twenty-one-day cutoff does not stand in the way. The circuit court’s order granting or denying the application, in whole or in part, is itself a final order for purposes of Rule 1:1.
The rule defines “final appellate judgment” as the appellate court’s mandate, or, when no mandate issues, the appellate court’s final judgment or order disposing of the case. For a petition for appeal denied under Rule 5:17, the final appellate judgment is the later of the order denying the petition or the order denying rehearing under Rule 5:20. Rule 1:1A does not take away any other way to recover appellate fees or costs, including by separate suit.
Frequently Asked Questions
Can I recover the attorney fees I spent defending an appeal without filing a new lawsuit?
Yes, if you already recovered fees or costs in circuit court under a contract, statute, or other applicable law and then won a favorable final appellate judgment. Rule 1:1A lets you apply in the same circuit court case, which is reinstated on the docket for that purpose.
How long do I have to file the application for appellate attorney fees?
Thirty days after the entry of the final appellate judgment. The application must be filed with the circuit court clerk along with a copy of that final appellate judgment.
Does the twenty-one-day limit in Rule 1:1 cut off the circuit court’s power to award appellate fees?
No. Rule 1:1A applies notwithstanding Rule 1:1, and it gives the circuit court continuing jurisdiction to adjudicate the fee application even though the original judgment became final long before the appeal concluded.
What counts as the “final appellate judgment” that starts the thirty-day clock?
Ordinarily, the issuance of the appellate court’s mandate, or, if no mandate issues, the appellate court’s final judgment or order disposing of the matter. For a petition for appeal denied under Rule 5:17, it is the later of the order denying the petition or the order denying rehearing under Rule 5:20.
Is applying under Rule 1:1A my only option for recovering appellate fees?
No. Rule 1:1A(b) preserves any other right or remedy to recover attorney fees or costs, including pursuing them through a separate suit or action.
Amendment History
Last amended by Order dated September 26, 2024; effective November 25, 2024.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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