Rule 5:35 - Attorney Fees, Costs, and Notarized Bill of Costs(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 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, 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 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, as provided for in Rule 5:1B, 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. Amended by order dated December 20, 2006, effective 2/1/2007; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated December 14, 2012, effective 1/1/2013; amended by Order dated December 14, 2012, effective 1/1/2013; amended by order dated October 30, 2015, effective 1/1/2016; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022; amended by order dated June 13, 2022, effective 8/12/2022.