{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-279.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-279.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-279.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-279.html"}],"law_id":72991,"edition_id":1,"section_id":72991,"structure_id":14084,"section_number":"8.01-279","catch_line":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","history":"Code 1950, \u00a7\u00a7 8-114 to 8-116; 1954, c. 333; 1958, c. 66; 1964, c. 219; 1977, c. 617.","full_text":"A\n\nExcept as otherwise provided by § 8.3A-308, when any pleading alleges that any person made, endorsed, assigned, or accepted any writing, no proof of the handwriting shall be required, unless it be denied by an affidavit accompanying the plea putting it in issue.B\n\nWhen any pleading alleges that any person, partnership, corporation, or unincorporated association at a stated time, owned, operated, or controlled any property or instrumentality, no proof of the fact alleged shall be required unless an affidavit be filed with the pleading putting it in issue, denying specifically and with particularity that such property or instrumentality was, at the time alleged, so owned, operated, or controlled.C\n\nWhen parties sue or are sued as partners, and their names are set forth in the pleading, or when parties sue or are sued as a corporation, it shall not be necessary to prove the fact of the partnership or incorporation unless with the pleading which puts the matter in issue there be filed an affidavit denying such partnership or incorporation.","order_by":null,"text":{"0":{"id":262874,"text":"Except as otherwise provided by § 8.3A-308, when any pleading alleges that any person made, endorsed, assigned, or accepted any writing, no proof of the handwriting shall be required, unless it be denied by an affidavit accompanying the plea putting it in issue.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":262875,"text":"When any pleading alleges that any person, partnership, corporation, or unincorporated association at a stated time, owned, operated, or controlled any property or instrumentality, no proof of the fact alleged shall be required unless an affidavit be filed with the pleading putting it in issue, denying specifically and with particularity that such property or instrumentality was, at the time alleged, so owned, operated, or controlled.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":262876,"text":"When parties sue or are sued as partners, and their names are set forth in the pleading, or when parties sue or are sued as a corporation, it shall not be necessary to prove the fact of the partnership or incorporation unless with the pleading which puts the matter in issue there be filed an affidavit denying such partnership or incorporation.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-279\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1958, chapter 66; in 1964, chapter 219; in 1977, chapter 617.<\/p>","references":false,"refers_to":[{"id":60258,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","order_by":null,"url":"\/8.3A-308\/"}],"permalink":{"id":281447,"object_type":"law","relational_id":72991,"identifier":"8.01-279","token":"8.01\/7\/2\/8.01-279","url":"\/8.01-279\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-279\/","token":"8.01\/7\/2\/8.01-279","dublin_core":{"Title":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-279","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided by § 8.3A-308<\/a>, when any pleading alleges that any person<\/span> made, endorsed, assigned, or accepted any writing, no proof of the handwriting shall be required, unless it be denied by an affidavit<\/span> accompanying the plea<\/span> putting it in issue<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When any pleading alleges that any person<\/span>, partnership, corporation, or unincorporated association at a stated time, owned, operated, or controlled any property or instrumentality, no proof of the fact<\/span> alleged shall be required unless an affidavit<\/span> be filed with the pleading putting it in issue<\/span>, denying specifically and with particularity that such property or instrumentality was, at the time alleged, so owned, operated, or controlled. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When parties sue or are sued as partners, and their names are set forth in the pleading, or when parties sue or are sued as a corporation, it shall not be necessary to prove the fact<\/span> of the partnership or incorporation unless with the pleading which puts the matter in issue<\/span> there be filed an affidavit<\/span> denying such partnership or incorporation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN PROOF IS UNNECESSARY UNLESS AFFIDAVIT FILED; HANDWRITING; OWNERSHIP;\nPARTNERSHIP OR INCORPORATION (\u00a7 8.01-279)\n\nA. Except as otherwise provided by § 8.3A-308, when any pleading alleges\nthat any person made, endorsed, assigned, or accepted any writing, no proof of\nthe handwriting shall be required, unless it be denied by an affidavit\naccompanying the plea putting it in issue.\n\nB. When any pleading alleges that any person, partnership, corporation, or\nunincorporated association at a stated time, owned, operated, or controlled any\nproperty or instrumentality, no proof of the fact alleged shall be required\nunless an affidavit be filed with the pleading putting it in issue, denying\nspecifically and with particularity that such property or instrumentality was,\nat the time alleged, so owned, operated, or controlled.\n\nC. When parties sue or are sued as partners, and their names are set forth in\nthe pleading, or when parties sue or are sued as a corporation, it shall not be\nnecessary to prove the fact of the partnership or incorporation unless with the\npleading which puts the matter in issue there be filed an affidavit denying such\npartnership or incorporation.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-114 to 8-116; 1954, c. 333; 1958, c. 66; 1964, c.\n219; 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}}