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VA · rules

Va. Sup. Ct. R. 3:8

Answers, Pleas, Demurrers and Motions

activein force · 2025-08-17 – presentact-effective-date

(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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