                                 CODE OF VIRGINIA

PLEADING IN ALTERNATIVE; SEPARATE TRIAL ON MOTION OF PARTY (§ 8.01-281)

A. 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.

B. 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.

HISTORY: Code 1950, § 8-96.1; 1974, c. 355; 1977, c. 617; 1981, c. 426; 1983,
c. 183.