{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-273.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-273.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-273.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-273.html"}],"law_id":75731,"edition_id":1,"section_id":75731,"structure_id":14084,"section_number":"8.01-273","catch_line":"Demurrer; form; grounds to be stated; amendment","history":"Code 1950, \u00a7\u00a7 8-99, 8-120; 1954, c. 333; 1977, c. 617; 2017, c. 755.","full_text":"A\n\nIn 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 on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.B\n\nWherever a demurrer to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order of the court shows that he objected to the ruling of the court sustaining the demurrer and (ii) the amended pleading incorporates or refers to the earlier pleading. On any appeal of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment.","order_by":null,"text":{"0":{"id":271935,"text":"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 on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271936,"text":"Wherever a demurrer to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order of the court shows that he objected to the ruling of the court sustaining the demurrer and (ii) the amended pleading incorporates or refers to the earlier pleading. On any appeal of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14084,"edition_id":1,"name":"Pleadings Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13379,"metadata":{},"date_created":"2026-06-26 03:46:49","date_modified":"2026-06-26 03:46:49","permalink":{"id":281389,"object_type":"structure","relational_id":14084,"identifier":"2","token":"8.01\/7\/2","url":"\/8.01\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13379,"edition_id":1,"name":"Civil Actions; Commencement, Pleadings, and Motions","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:45","date_modified":"2026-06-26 03:44:45","permalink":{"id":281381,"object_type":"structure","relational_id":13379,"identifier":"7","token":"8.01\/7","url":"\/8.01\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74024,"structure_id":14084,"section_number":"8.01-271","catch_line":"Compliance with Rules of Supreme Court","url":"\/8.01-271\/","token":"8.01\/7\/2\/8.01-271","metadata":false},{"id":62884,"structure_id":14084,"section_number":"8.01-271.01","catch_line":"Electronic filings in civil actions in circuit court","url":"\/8.01-271.01\/","token":"8.01\/7\/2\/8.01-271.01","metadata":false},{"id":85673,"structure_id":14084,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","url":"\/8.01-271.1\/","token":"8.01\/7\/2\/8.01-271.1","metadata":false},{"id":65320,"structure_id":14084,"section_number":"8.01-272","catch_line":"Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims","url":"\/8.01-272\/","token":"8.01\/7\/2\/8.01-272","metadata":false},{"id":75731,"structure_id":14084,"section_number":"8.01-273","catch_line":"Demurrer; form; grounds to be stated; amendment","url":"\/8.01-273\/","token":"8.01\/7\/2\/8.01-273","metadata":false},{"id":83214,"structure_id":14084,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","url":"\/8.01-273.1\/","token":"8.01\/7\/2\/8.01-273.1","metadata":false},{"id":70583,"structure_id":14084,"section_number":"8.01-274","catch_line":"Motion to strike defensive pleading in equity and at law; exceptions abolished","url":"\/8.01-274\/","token":"8.01\/7\/2\/8.01-274","metadata":false},{"id":58728,"structure_id":14084,"section_number":"8.01-274.1","catch_line":"Motion or petition for rule to show cause for violation of court order","url":"\/8.01-274.1\/","token":"8.01\/7\/2\/8.01-274.1","metadata":false},{"id":63756,"structure_id":14084,"section_number":"8.01-275","catch_line":"When action or suit not to abate for want of form; what defects not to be regarded","url":"\/8.01-275\/","token":"8.01\/7\/2\/8.01-275","metadata":false},{"id":73252,"structure_id":14084,"section_number":"8.01-275.1","catch_line":"When service of process is timely","url":"\/8.01-275.1\/","token":"8.01\/7\/2\/8.01-275.1","metadata":false},{"id":82322,"structure_id":14084,"section_number":"8.01-276","catch_line":"Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof","url":"\/8.01-276\/","token":"8.01\/7\/2\/8.01-276","metadata":false},{"id":55206,"structure_id":14084,"section_number":"8.01-277","catch_line":"Defective process; motion to quash; untimely service; motion to dismiss","url":"\/8.01-277\/","token":"8.01\/7\/2\/8.01-277","metadata":false},{"id":73896,"structure_id":14084,"section_number":"8.01-277.1","catch_line":"Objections to personal jurisdiction or defective process; what constitutes waiver","url":"\/8.01-277.1\/","token":"8.01\/7\/2\/8.01-277.1","metadata":false},{"id":81024,"structure_id":14084,"section_number":"8.01-278","catch_line":"When plea of infancy not allowed; liability of infants for debts as traders; liability of infants on loans to defray expenses of education","url":"\/8.01-278\/","token":"8.01\/7\/2\/8.01-278","metadata":false},{"id":72991,"structure_id":14084,"section_number":"8.01-279","catch_line":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","url":"\/8.01-279\/","token":"8.01\/7\/2\/8.01-279","metadata":false},{"id":73198,"structure_id":14084,"section_number":"8.01-280","catch_line":"Pleadings may be sworn to before clerk; affidavit of belief sufficient","url":"\/8.01-280\/","token":"8.01\/7\/2\/8.01-280","metadata":false},{"id":55936,"structure_id":14084,"section_number":"8.01-281","catch_line":"Pleading in alternative; separate trial on motion of party","url":"\/8.01-281\/","token":"8.01\/7\/2\/8.01-281","metadata":false}],"previous_section":{"id":65320,"structure_id":14084,"section_number":"8.01-272","catch_line":"Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims","url":"\/8.01-272\/","token":"8.01\/7\/2\/8.01-272","metadata":false},"next_section":{"id":83214,"structure_id":14084,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","url":"\/8.01-273.1\/","token":"8.01\/7\/2\/8.01-273.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-273\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 333; in 1977, chapter 617; in 2017, chapter 755<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":281407,"object_type":"law","relational_id":75731,"identifier":"8.01-273","token":"8.01\/7\/2\/8.01-273","url":"\/8.01-273\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-273\/","token":"8.01\/7\/2\/8.01-273","dublin_core":{"Title":"Demurrer; form; grounds to be stated; amendment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-273","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any suit<\/span> in equity<\/span> or action at law<\/span>, the contention that a pleading does not state a cause of action<\/span> or that such pleading fails to state facts<\/span> upon which the relief demanded can be granted may be made by demurrer<\/span>. All demurrers<\/span> shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law<\/span>. No grounds other than those stated specifically in the demurrer<\/span> shall be considered by the court<\/span>. A demurrer<\/span> may be amended as other pleadings<\/span> are amended. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Wherever a demurrer<\/span> to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order<\/span> of the court<\/span> shows that he objected to the ruling of the court<\/span> sustaining the demurrer<\/span> and (ii) the amended pleading incorporates or refers to the earlier pleading. On any appeal<\/span> of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEMURRER; FORM; GROUNDS TO BE STATED; AMENDMENT (\u00a7 8.01-273)\n\nA. In any suit in equity or action at law, the contention that a pleading does\nnot state a cause of action or that such pleading fails to state facts upon\nwhich the relief demanded can be granted may be made by demurrer. All demurrers\nshall be in writing and shall state specifically the grounds on which the\ndemurrant concludes that the pleading is insufficient at law. No grounds other\nthan those stated specifically in the demurrer shall be considered by the court.\nA demurrer may be amended as other pleadings are amended.\n\nB. Wherever a demurrer to any pleading has been sustained, and as a result\nthereof the demurree has amended his pleading, he shall not be deemed to have\nwaived his right to stand upon his pleading before the amendment, provided that\n(i) the order of the court shows that he objected to the ruling of the court\nsustaining the demurrer and (ii) the amended pleading incorporates or refers to\nthe earlier pleading. On any appeal of such a case the demurree may insist upon\nhis earlier pleading before the amendment, and if the same be held to be good,\nhe shall not be prejudiced by having made the amendment.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-99, 8-120; 1954, c. 333; 1977, c. 617; 2017, c. 755.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}