{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-281.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-281.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-281.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-281.html"}],"law_id":55936,"edition_id":1,"section_id":55936,"structure_id":14084,"section_number":"8.01-281","catch_line":"Pleading in alternative; separate trial on motion of party","history":"Code 1950, \u00a7 8-96.1; 1974, c. 355; 1977, c. 617; 1981, c. 426; 1983, c. 183.","full_text":"A\n\nA party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. Such claim, counterclaim, cross-claim, or third-party claim may be for contribution, indemnity, subrogation, or contract, express or implied; it may be based on future potential liability, and it shall be no defense thereto that the party asserting such claim, counterclaim, cross-claim, or third-party claim has made no payment or otherwise discharged any claim as to him arising out of the transaction or occurrence.B\n\nThe court may, upon motion of any party, order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, and of any separate issue or of any number of such claims; however, in any action wherein a defendant files a third-party motion for judgment alleging that damages to the person or property of the plaintiff were caused by the negligence of the third-party defendant in the operation of a motor vehicle, the court shall, upon motion of the plaintiff made at least five days in advance of trial, order a separate trial of such third-party claim.","order_by":null,"text":{"0":{"id":204907,"text":"A party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. Such claim, counterclaim, cross-claim, or third-party claim may be for contribution, indemnity, subrogation, or contract, express or implied; it may be based on future potential liability, and it shall be no defense thereto that the party asserting such claim, counterclaim, cross-claim, or third-party claim has made no payment or otherwise discharged any claim as to him arising out of the transaction or occurrence.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204908,"text":"The court may, upon motion of any party, order a separate trial of any claim, counterclaim, cross-claim, or third-party claim, and of any separate issue or of any number of such claims; however, in any action wherein a defendant files a third-party motion for judgment alleging that damages to the person or property of the plaintiff were caused by the negligence of the third-party defendant in the operation of a motor vehicle, the court shall, upon motion of the plaintiff made at least five days in advance of trial, order a separate trial of such third-party claim.","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":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\/8.01-281\/","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 1974, chapter 355; in 1977, chapter 617; in 1981, chapter 426; in 1983, chapter 183.<\/p>","references":[{"id":87200,"section_number":"8.01-249","catch_line":"When cause of action shall be deemed to accrue in certain personal actions","order_by":null,"url":"\/8.01-249\/"}],"refers_to":false,"permalink":{"id":281455,"object_type":"law","relational_id":55936,"identifier":"8.01-281","token":"8.01\/7\/2\/8.01-281","url":"\/8.01-281\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-281\/","token":"8.01\/7\/2\/8.01-281","dublin_core":{"Title":"Pleading in alternative; separate trial on motion of party","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-281","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A party<\/span> asserting either a claim, counterclaim<\/span>, cross-claim<\/span>, or third-party<\/span> claim or a defense may plead alternative facts<\/span> and theories of recovery against alternative parties, provided that such claims, defenses, or demands for relief so joined arise out of the same transaction or occurrence. Such claim, counterclaim<\/span>, cross-claim<\/span>, or third-party<\/span> claim may be for contribution, indemnity, subrogation, or contract<\/span>, express or implied; it may be based on future potential liability, and it shall be no defense thereto that the party<\/span> asserting such claim, counterclaim<\/span>, cross-claim<\/span>, or third-party<\/span> claim has made no payment or otherwise discharged any claim as to him arising out of the transaction or occurrence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The court<\/span> may, upon motion of any party<\/span>, order<\/span> a separate trial<\/span> of any claim, counterclaim<\/span>, cross-claim<\/span>, or third-party<\/span> claim, and of any separate issue<\/span> or of any number of such claims; however, in any action<\/span> wherein a defendant<\/span> files a third-party<\/span> motion for judgment<\/span> alleging that damages<\/span> to the person<\/span> or property of the plaintiff<\/span> were caused by the negligence<\/span> of the third-party<\/span> defendant<\/span> in the operation of a motor vehicle, the court<\/span> shall, upon motion of the plaintiff<\/span> made at least five days in advance of trial<\/span>, order<\/span> a separate trial<\/span> of such third-party<\/span> claim. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLEADING IN ALTERNATIVE; SEPARATE TRIAL ON MOTION OF PARTY (\u00a7 8.01-281)\n\nA. A party asserting either a claim, counterclaim, cross-claim, or third-party\nclaim or a defense may plead alternative facts and theories of recovery against\nalternative parties, provided that such claims, defenses, or demands for relief\nso joined arise out of the same transaction or occurrence. Such claim,\ncounterclaim, cross-claim, or third-party claim may be for contribution,\nindemnity, subrogation, or contract, express or implied; it may be based on\nfuture potential liability, and it shall be no defense thereto that the party\nasserting such claim, counterclaim, cross-claim, or third-party claim has made\nno payment or otherwise discharged any claim as to him arising out of the\ntransaction or occurrence.\n\nB. The court may, upon motion of any party, order a separate trial of any claim,\ncounterclaim, cross-claim, or third-party claim, and of any separate issue or of\nany number of such claims; however, in any action wherein a defendant files a\nthird-party motion for judgment alleging that damages to the person or property\nof the plaintiff were caused by the negligence of the third-party defendant in\nthe operation of a motor vehicle, the court shall, upon motion of the plaintiff\nmade at least five days in advance of trial, order a separate trial of such\nthird-party claim.\n\nHISTORY: Code 1950, \u00a7 8-96.1; 1974, c. 355; 1977, c. 617; 1981, c. 426; 1983,\nc. 183.","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}}