{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-276.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-276.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-276.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-276.html"}],"law_id":82322,"edition_id":1,"section_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","history":"1977, c. 617.","full_text":"Demurrers to the evidence and pleas in abatement are hereby abolished.\n\t\tAny matter that heretofore could be reached by a demurrer to the evidence may hereafter be subject to a motion to strike the evidence.\n\t\tAny defense heretofore required or permitted to be made by plea in abatement may be made by written motion stating specifically the relief demanded and the grounds therefor. Except when the ground of such motion is the lack of the court’s jurisdiction over the person of an indispensable party, or of the subject matter of the litigation, such motion shall be made within the time prescribed by Rules of the Supreme Court.\n\t\tIf the motion challenges the venue of the action, the movant shall state therein why venue is improperly laid and what place or places within the Commonwealth would constitute proper venue for the action.","order_by":null,"text":{"0":{"id":294991,"text":"Demurrers to the evidence and pleas in abatement are hereby abolished.\n\t\tAny matter that heretofore could be reached by a demurrer to the evidence may hereafter be subject to a motion to strike the evidence.\n\t\tAny defense heretofore required or permitted to be made by plea in abatement may be made by written motion stating specifically the relief demanded and the grounds therefor. Except when the ground of such motion is the lack of the court’s jurisdiction over the person of an indispensable party, or of the subject matter of the litigation, such motion shall be made within the time prescribed by Rules of the Supreme Court.\n\t\tIf the motion challenges the venue of the action, the movant shall state therein why venue is improperly laid and what place or places within the Commonwealth would constitute proper venue for the action.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-276\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 617 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online.<\/p>","references":false,"refers_to":false,"permalink":{"id":281431,"object_type":"law","relational_id":82322,"identifier":"8.01-276","token":"8.01\/7\/2\/8.01-276","url":"\/8.01-276\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-276\/","token":"8.01\/7\/2\/8.01-276","dublin_core":{"Title":"Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-276","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Demurrers<\/span> to the evidence<\/span> and pleas<\/span> in abatement are hereby abolished.\n\t\tAny matter that heretofore could be reached by a demurrer<\/span> to the evidence<\/span> may hereafter be subject to a motion to strike<\/span> the evidence<\/span>.\n\t\tAny defense heretofore required or permitted to be made by plea<\/span> in abatement may be made by written motion stating specifically the relief demanded and the grounds therefor. Except when the ground of such motion is the lack of the court<\/span>’s jurisdiction<\/span> over the person<\/span> of an indispensable party<\/span>, or of the subject matter of the litigation<\/span>, such motion shall be made within the time prescribed by Rules of the Supreme Court<\/span>.\n\t\tIf the motion challenges the venue<\/span> of the action<\/span>, the movant shall state therein why venue<\/span> is improperly laid and what place or places within the Commonwealth would constitute proper venue<\/span> for the action<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEMURRER TO EVIDENCE AND PLEA IN ABATEMENT ABOLISHED; MOTION TO STRIKE EVIDENCE\nAND WRITTEN MOTION, RESPECTIVELY, TO BE USED IN LIEU THEREOF (\u00a7 8.01-276)\n\nDemurrers to the evidence and pleas in abatement are hereby abolished.\n\t\tAny matter that heretofore could be reached by a demurrer to the evidence may\nhereafter be subject to a motion to strike the evidence.\n\t\tAny defense heretofore required or permitted to be made by plea in abatement\nmay be made by written motion stating specifically the relief demanded and the\ngrounds therefor. Except when the ground of such motion is the lack of the\ncourt’s jurisdiction over the person of an indispensable party, or of the\nsubject matter of the litigation, such motion shall be made within the time\nprescribed by Rules of the Supreme Court.\n\t\tIf the motion challenges the venue of the action, the movant shall state\ntherein why venue is improperly laid and what place or places within the\nCommonwealth would constitute proper venue for the action.\n\nHISTORY: 1977, c. 617.","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}}