Rule 3:18 – General Provisions as to Pleadings

May 14, 2021 | Civil Procedure, Virginia

(a)Pleadings. All motions in writing, including a motion for a bill of particulars and a motion to dismiss, whether filed in paper document format or as electronic or digitally imaged filings, are pleadings.
(b) Allegation of negligence. An allegation of negligence or contributory negligence is sufficient without specifying the particulars of the negligence.
(c)Contributory negligence as a defense. Contributory negligence will not constitute a defense unless pleaded or shown by the plaintiff’s evidence.
(d)Pleading the statute of limitations. An allegation that an action is barred by the statute of limitations is sufficient without specifying the particular statute relied on.
(e)Separate or combined filings. Answers, counterclaims, cross-claims, pleas, demurrers, affirmative defenses and motions may all be included in the same filingif they are separately identified in both the caption and the body of the filing.

Va. Sup. Ct. 3:18

Amended by order dated June 14, 2005, effective January 1, 2006; amended by Order dated March 1, 2011; effective May 2, 2011; amended by order dated March 1, 2011, effective May 2, 2011; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.