(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.
Rule 3:25.Claims for Attorney Fees.
Part Three: Practice and Procedures in Civil Actions · Last amended 2022 · Last verified July 16, 2026
In one sentenceRequires a party seeking attorney fees to demand them in the specific pleading that raises the underlying claim, identify the basis for the demand, and file it or waive the claim, while letting the court set up a procedure ahead of trial to adjudicate any attorney fee claim.
Full Text of Rule 3:25
(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 requesting attorney fees.
(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.
Plain-English Summary
Attorney fees don’t come automatically to the winning side in Virginia — a party has to ask for them in the right place, in most kinds of cases. This rule covers attorney fee claims generally, but carves out two categories: fees sought under Code § 8.01-271.1, and fees in domestic relations cases, neither of which this rule governs.
For everything else, the demand has to appear in the pleading that raises the underlying claim: a complaint filed under Rule 3:2, a counterclaim under Rule 3:9, a cross-claim under Rule 3:10, a third-party pleading under Rule 3:13, or a responsive pleading under Rule 3:8. Wherever it’s raised, the demand has to identify the basis the party is relying on to claim the fees — a contract provision, a statute, or whatever authority supports the request.
Skipping that demand has consequences. A party who fails to file it waives the attorney fee claim, unless the party later gets leave to amend the pleading to add it under Rule 1:8.
The rule also gives the court a tool for managing how these claims get resolved. On any party’s motion, the court must set up a procedure, in advance of trial, to adjudicate a claim for attorney fees — and even without a motion, the court may do so on its own initiative.
Frequently Asked Questions
Where does a party have to ask for attorney fees in a Virginia civil case?
What happens if a party never demands attorney fees in a pleading?
The party waives the claim for attorney fees, unless the court later grants leave to amend the pleading to add the demand under Rule 1:8.
Does this rule cover attorney fees in a divorce or custody case?
No. The rule expressly excludes attorney fees in domestic relations cases, along with fees claimed under Code § 8.01-271.1.
Can the court set up a special procedure to decide an attorney fee claim before trial?
Yes. On a party’s motion, the court must establish a procedure in advance of trial to adjudicate the claim, and the court may do so on its own motion even without a request.
Is it enough to just say I’m seeking attorney fees, without explaining why?
No. The demand has to identify the basis the party relies on in requesting attorney fees, not just state that fees are sought.
Amendment History
Last amended by Order dated June 13, 2022; effective August 12, 2022.
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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