Rule 3:8 – Answers, Pleas, Demurrers and Motions

May 14, 2021 | Civil Procedure, Virginia

(a)Response Requirement. A defendant must file pleadings in response within 21 days after service of the summons and complaint upon that defendant, or if service of the summons has been timely waived on request under Code ยง 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside the Commonwealth. A demurrer, plea, motion to dismiss, and motion for a bill of particulars will each be deemed a pleading in response for the count or counts addressed therein. If a defendant files no other pleading than the answer, it must be filed within said time. An answer must respond to the paragraphs of the complaint. A general denial of the entire complaint or plea of the general issue is not permitted.
(b)Response After Demurrer, Plea or Motion When the court has entered its order overruling all motions, demurrers and other pleas filed by a defendant, such defendant must, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such shorter or longer time as the court may prescribe.

Va. Sup. Ct. 3:8

Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated February 28, 2006, effective May 1, 2006; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.