(a)Scope. A defendant may, at that defendant’s option, plead as a counterclaim any cause of action that the defendant has against the plaintiff or all plaintiffs jointly, whether or not it grows out of any transaction mentioned in the complaint, whether or not it is for liquidated damages, whether it is in tort or contract, and whether or not the amount demanded in the counterclaim is greater than the amount demanded in the complaint.(b)Time for initiation.(i) A counterclaim may, subject to the provisions of Rule 1:9, be filed within 21 days after service of the summons and complaint upon the defendant asserting the counterclaim, or if service of the summons has been timely waived on request under Code ยง8.01-286.1, 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.(ii) If a demurrer, plea, motion to dismiss, or motion for a bill of particulars is filed within the period provided in subsection (b)(i) of this Rule, the defendant may file any counterclaim at any time up to 21 days after the entry of the court’s order ruling upon all such motions, demurrers and other pleas, or within such shorter or longer time as the court may prescribe.(c)Response to counterclaim. The plaintiff must file pleadings in response to such counterclaim within 21 days after it is served.(d)Separate trials. The court in its discretion may order a separate trial of any cause of action asserted in a counterclaim.
Va. Sup. Ct. 3:9
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 April 9, 2008, effective July 1, 2008; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
