§ 8.01-271. Compliance with Rules of Supreme Court
Subject to the provisions of this title, pleadings shall be in accordance with Rules of the Supreme Court. 1977, c. 617.
§ 8.01-271.01. Electronic filings in civil actions in circuit court
Electronic filings in civil actions and proceedings in the circuit court shall be governed by Article 4.1 (§ 17.1-258.2 et. seq.) of Chapter 2 of Title 17.1 and applicable Rules of the Supreme Court of Virginia. 2010, cc. 717, 760.
§ 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions
A. Except as otherwise provided in §§ 16.1-260 and 63.2-1901, every pleading, motion, or other paper of a party represented by an attorney shall be signed by at least one attorney of record who is an active member in good standing of the Virginia State Bar in his individual name, and the attorney’s address shall […]
§ 8.01-272. Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims
In any civil action, a party may plead as many matters, whether of law or fact, as he shall think necessary. A party may join a claim in tort with one in contract provided that all claims so joined arise out of the same transaction or occurrence. The court, in its discretion, may order a […]
§ 8.01-273. Demurrer; form; grounds to be stated; amendment
A. In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. All demurrers shall be in writing and shall state specifically the grounds […]
§ 8.01-273.1. Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act
A. In any civil action, where a party, who is a participating hospital or physician as defined in § 38.2-5001, moves to refer a cause of action to the Workers’ Compensation Commission for the purposes of determining whether the cause of action satisfies the requirements of the Virginia Birth-Related Neurological Injury Compensation Act (§ 38.2-5000 […]
§ 8.01-274. Motion to strike defensive pleading in equity and at law; exceptions abolished
Exceptions to answers for insufficiency are abolished. The test of the sufficiency of any defensive pleading in any suit in equity or action at law shall be made by a motion to strike; if found insufficient, but amendable, the court may allow amendment on terms. If a second pleading is adjudged insufficient, the court may […]
§ 8.01-274.1. Motion or petition for rule to show cause for violation of court order
Except as otherwise provided by law, any party requesting a rule to show cause for a violation of a court order in any civil action in a court of record shall file with the court a motion or petition, which may be on a form prescribed by the Office of the Executive Secretary of the […]
§ 8.01-275. When action or suit not to abate for want of form; what defects not to be regarded
No action or suit shall abate for want of form where the motion for judgment or bill of complaint sets forth sufficient matter of substance for the court to proceed upon the merits of the cause. The court shall not regard any defect or imperfection in the pleading, whether it has been heretofore deemed mispleading […]
§ 8.01-275.1. When service of process is timely
Service of process in an action or suit within twelve months of commencement of the action or suit against a defendant shall be timely as to that defendant. Service of process on a defendant more than twelve months after the suit or action was commenced shall be timely upon a finding by the court that […]
§ 8.01-276. Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof
Demurrers to the evidence and pleas in abatement are hereby abolished. Any matter that heretofore could be reached by a demurrer to the evidence may hereafter be subject to a motion to strike the evidence. Any defense heretofore required or permitted to be made by plea in abatement may be made by written motion stating […]
§ 8.01-277. Defective process; motion to quash; untimely service; motion to dismiss
A. A person, upon whom process to answer any action has been served, may take advantage of any defect in the issuance, service or return thereof by a motion to quash filed prior to or simultaneously with the filing of any pleading to the merits. Upon sustaining the motion, the court may strike the proof […]
§ 8.01-277.1. Objections to personal jurisdiction or defective process; what constitutes waiver
A. Except as provided in § 8.01-277, a person waives any objection to personal jurisdiction or defective process if he engages in conduct related to adjudicating the merits of the case, including, but not limited to: 1. Filing a demurrer, plea in bar, answer, counterclaim, cross-claim, or third-party claim; 2. Conducting discovery, except as provided […]
§ 8.01-278. When plea of infancy not allowed; liability of infants for debts as traders; liability of infants on loans to defray expenses of education
A. If any minor now transacting business or who may hereafter transact business as a trader fails to disclose (i) by a sign in letters easy to be read, kept conspicuously posted at the place wherein such business is transacted and (ii) also by a notice published for two weeks in a newspaper meeting the […]
§ 8.01-279. When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation
A. Except as otherwise provided by § 8.3A-308, when any pleading alleges that any person made, endorsed, assigned, or accepted any writing, no proof of the handwriting shall be required, unless it be denied by an affidavit accompanying the plea putting it in issue. B. When any pleading alleges that any person, partnership, corporation, or […]
§ 8.01-280. Pleadings may be sworn to before clerk; affidavit of belief sufficient
Any pleading to be filed in any court may be sworn to before the clerk or any officer authorized to administer oath thereof; and when an affidavit is required in support of any pleading or as a prerequisite to the issuance thereof, it shall be sufficient if the affiant swear that he believes it to […]
§ 8.01-281. Pleading in alternative; separate trial on motion of party
A. A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. Such claim, counterclaim, cross-claim, or third-party claim may be for […]