                                 CODE OF VIRGINIA

COUNTERCLAIMS (§ 16.1-88.01)

In any proceeding before any general district court a defendant may, at his
option, at any time before trial, plead in writing as a counterclaim, any cause
of action at law for a money judgment in personam, or any matter which would
entitle him to relief in equity in the nature of damages, that he has against
the plaintiff or all plaintiffs jointly, whether or not it grows out of any
transaction mentioned in the warrant or notice of motion for judgment, whether
or not it is for liquidated damages, whether or not it is in tort or contract,
and whether or not the amount demanded exceeds the amount claimed by the
plaintiff in the warrant or notice of motion for judgment; however, no such
counterclaim shall be filed or heard when the amount claimed therein exceeds the
amount within the jurisdiction of such court.
		Upon the request of either party, bills of particulars and grounds of defense
may be ordered to ensure a fair trial on the merits of the issue presented. The
court may, in its discretion, hear the counterclaim together with the original
case, or may order and hold a separate hearing of any cause of action asserted
in a counterclaim. In either event, the court shall render such final judgment
on the whole case as the law and the evidence require.

HISTORY: Code 1950, § 8-239.1; 1954, c. 608; 1977, c. 624; 1998, cc. 482, 495.