VA · rules
Va. Sup. Ct. R. 3:8
Answers, Pleas, Demurrers and Motions
(a) Response Requirement. — A defendant must file pleadings in response within 21
days after service of the summons and complaint upon that defendant, or if service of the
summons has been timely waived on request under Code § 8.01-286.1, within 60 days
after the date when the request for waiver was sent, or within 90 days after that date if the
defendant was addressed outside the Commonwealth. Pleadings in response under this
Rule – other than an answer – are limited to the following, and are deemed responsive
only to the specific count or counts addressed therein: a demurrer, plea, motion to
dismiss, motion for a bill of particulars, motion craving oyer, and a written motion
asserting any preliminary defense permitted under Code § 8.01-276. If a defendant files
no other pleading in response than the answer, it must be filed within the applicable 21-day, 60-day, or 90-day period specified in this Rule. An answer must respond to the
paragraphs of the complaint. A general denial of the entire complaint or plea of the
general issue is not permitted.
(a1) Limitation on Serial Pleading. — After filing any pleading or pleadings as an
initial response to a complaint or amended complaint, a defendant may not, without leave
of court for good cause shown, file a demurrer, plea, or motion described in subsection
(a) except as provided under subsection (b) of this rule or under another rule of court or
statute that expressly allows such a pleading or motion to be filed at any other time
without leave of court.
(b) Response After Demurrer, Plea or Motion. — When the court has entered its
order overruling all motions, demurrers and other pleas filed by a defendant as a
responsive pleading, such defendant must, unless the defendant has already done so, file
an answer within 21 days after the entry of such order, or within such other time as the
court may prescribe. If the court grants a motion craving oyer, unless the defendant has
already filed an answer or another responsive pleading, the defendant must file an answer
or another responsive pleading within 21 days after plaintiff files the document(s) for
which oyer was granted, or within such other time as the court may prescribe. If the court
overrules a motion objecting to personal jurisdiction or defective process filed as a
defendant’s sole initial responsive pleading, then the defendant must file an answer or
another responsive pleading within 21 days after entry of the court’s order overruling the
motion, or within such other time as the court may prescribe.
History
Last amended by Order dated June 18, 2025; effective August 17, 2025.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
eda7d188e1c601ae69a4c04fe65cbf82ab7527b81e089c31d290c8952b41a48c
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