Virginia Code

Va. Code Ann. § 8.01-266 (2026)

Costs

✓ current as of May 2026

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In any action which is transferred or retained for trial pursuant to this chapter, the court in which the action is initially brought may award an amount necessary to compensate a party for such inconvenience, expense, and delay as he may have been caused by the commencement of the suit in a forum to which an objection, pursuant to § 8.01-264, is sustained or by the bringing of a frivolous motion to transfer. In addition, the court may award those attorney's fees deemed just and reasonable which are occasioned by such commencement of a suit or by such motion to transfer. The awarding of such costs by the transferor court shall not preclude the assessment of costs by the clerk of the transferee court.

1977, c. 617; 1994, c. 32.

Notes of Decisions

Cited in 3 cases, 1990–1991 · leading case: Stilwell v. United Cities Gas Co., 23 Va. Cir. 195 (1991).

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Stilwell v. United Cities Gas Co., 23 Va. Cir. 195 (1991). · cites it 4× “There is also the matter of costs, expenses, and attorney fees incurred by suit being brought here and the motion to transfer, sought by defendants pursuant to § 8.01-266. The basis of plaintiff’s opposition to an award of costs and expenses and attorney fees under § 8.”

Washington v. Hayes, 22 Va. Cir. 259 (Richmond County Cir. Ct. 1990). · cites it 2× “Harman’s behalf can provide the order noting exceptions and providing therein for an award of costs pursuant to Section 8.01-266, Code of Virginia of 1930, as amended.”

Barbero v. Barbero, 25 Va. Cir. 102 (Fairfax Cir. Ct. 1991). · cites it 2× “Code Section 8.01-266 (providing express authority for a court to award attorney fees where the court determines that a case has been filed in an improper venue).”

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