A.Scope of Rule. This rule applies to claims for attorney’s fees, excluding (i) attorney’s fees under ยง 8.01-271.1 of the Code of Virginia, and (ii) attorney’s fees in domestic relations cases.B.Demand. A party seeking to recover attorney’s fees must include a demand therefor in the complaint filed pursuant to Rule 3:2, in a counterclaim filed pursuant to Rule 3:9, in a crossclaim 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’s fees.C.Waiver. The failure of a party to file a demand as required by this rule constitutes a waiver by the party of the claim for attorney’s fees, unless leave to file an amended pleading seeking attorney’s fees is granted under Rule 1:8.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’s fees.
Va. Sup. Ct. 3:25
Adopted by order dated February 27, 2009, effective May 1, 2009; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
