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VA · rules

Va. Sup. Ct. R. 1:4

General Provisions as to Pleadings

activein force · 2024-08-20 – presentact-effective-date

(a) Counsel tendering a pleading gives his assurance as an officer of the court that it is

filed in good faith and not for delay.

(b) A pleading that is sworn to is an affidavit for all purposes for which an affidavit is

required or permitted.

(c) Counsel or an unrepresented party who files a pleading must sign it and state his

address.

(d) Every pleading must state the facts on which the party relies in numbered

paragraphs, and it is sufficient if it clearly informs the opposite party of the true nature of

the claim or defense.

(e) An allegation of fact in a pleading that is not denied by the adverse party's

pleading, when the adverse party is required by these Rules to file such pleading, is

deemed to be admitted. A denial must fairly respond to the substance of the allegation. A

party that intends in good faith to deny only part of an allegation must admit the part that

is true and deny the rest. An allegation in a pleading that the party does not know whether

a fact exists will be treated as a denial that the fact exists.

(f) Requirements of pleadings applicable to instruments not under seal apply to

instruments under seal.

(g) Requirements of pleadings applicable to legal defenses apply to equitable

defenses.

(h) The clerk must note and attest the filing date on every pleading. In an

Electronically Filed Case, the procedures of Rule 1:17 apply to the notation by the clerk

of the date of filing.

(i) The mention in a pleading of an accompanying exhibit, of itself and without

more, makes such exhibit a part of the pleading. Filing of such exhibits is governed by

Rule 3:4.

(j) Brevity is enjoined as the outstanding characteristic of good pleading. In any

pleading a simple statement, in numbered paragraphs, of the essential facts is sufficient.

(k) 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. When two or more statements are made in the alternative and

one of them if made independently would be sufficient, the pleading is not made

insufficient by the insufficiency of one or more of the alternative statements. A party may

also state as many separate claims or defenses as he has regardless of consistency and

whether based on legal or equitable grounds.

(l) Every pleading, motion or other paper served or filed must contain at the foot the

Virginia State Bar number, office address and telephone number of the counsel of record

submitting it, along with any electronic mail (E-mail) address and facsimile number

regularly used for business purposes by such counsel of record.

History

Last amended by Order dated June 21, 2024; effective August 20, 2024.

Provenance

Source
www.vacourts.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
10b635193865cb6db4c421894d9d3700b301e974786e5d19c1165e76694e8f5b
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