Code of Virginia
Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters
§ 16.1-88.01. Counterclaims

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

Structure Code of Virginia

Code of Virginia

Title 16.1 - Courts Not of Record

Chapter 6 - Venue, Jurisdiction and Procedure in Civil Matters

§ 16.1-76. Venue

§ 16.1-77. Civil jurisdiction of general district courts; amending amount of claim

§ 16.1-77.1. When general district court may give judgment on forthcoming bond

§ 16.1-77.2. Jurisdiction of partition of personal property and proceedings therefor

§ 16.1-78. Judgment by confession not affected

§ 16.1-79. Actions brought on warrant

§ 16.1-79.1. Electronic filing of civil cases

§ 16.1-80. Service of warrant and return thereof

§ 16.1-81. Actions brought by motion for judgment

§ 16.1-81.1. Certain corporations; pro se representation

§ 16.1-82. Service of motion; return thereon and delivery to the court; how disposed of

§ 16.1-83. Consent of parties required for trial within five days of service

§ 16.1-83.1. Certification of expert witness opinion at time of service of process

§ 16.1-84. When action or proceeding not lost; when matured for hearing

§ 16.1-85. What term "warrant" to include

§ 16.1-86. When action deemed brought

§ 16.1-86.1. Repealed

§ 16.1-87. Repealed

§ 16.1-88. Procedure when plaintiff sues on sworn claim

§ 16.1-88.01. Counterclaims

§ 16.1-88.02. Cross-claims

§ 16.1-88.03. Pleadings and other papers by certain parties not represented by attorneys

§ 16.1-88.1. Repealed

§ 16.1-88.2. Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records

§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum

§ 16.1-90. Recognizance upon continuation of case

§ 16.1-91. Repealed

§ 16.1-91.1. Costs to be included in judgment on forthcoming bond

§ 16.1-91.2. Judge to keep record of judgment on forthcoming bond; how to endorse execution

§ 16.1-92. Repealed

§ 16.1-93. Principles applicable to trial of cases

§ 16.1-93.1. Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing

§ 16.1-94. Judgment to be noted on papers; formal orders may be entered

§ 16.1-94.01. When and how satisfaction entered on judgment

§ 16.1-94.1. Limitations on enforcement of district court judgments

§ 16.1-95. Abstract of judgment

§ 16.1-96. What abstract to contain

§ 16.1-97. Repealed

§ 16.1-97.1. When a new trial is granted

§ 16.1-98. Fieri facias or writ of possession on judgment

§ 16.1-99. When and where executions returnable; to whom directed

§ 16.1-100. Additional executions; by whom issued

§ 16.1-101. Proceedings against officer failing to make or making improper return

§ 16.1-102. Officers and sureties liable for money collected after return day

§ 16.1-103. Proceedings by interrogatories

§ 16.1-104. Repealed

§ 16.1-105. Attachments

§ 16.1-106. Appeals from courts not of record in civil cases

§ 16.1-106.1. Withdrawal of appeal in civil cases

§ 16.1-107. Requirements for appeal

§ 16.1-108. Deposit of money in lieu of bond

§ 16.1-109. Appellate court may require new or additional security

§ 16.1-110. Bankruptcy of appellant does not release surety

§ 16.1-111. Court to which appeal sent

§ 16.1-112. All papers transmitted to appellate court; further proceedings

§ 16.1-113. How appeals tried

§ 16.1-114. Repealed

§ 16.1-114.1. Principles applicable in trial of appeals; defective or irregular warrants or motions

§ 16.1-115. Repealed

§ 16.1-116. Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court

§ 16.1-117. When papers in civil cases in certain municipal courts may be destroyed

§ 16.1-118. When papers in civil cases returned to courts of record may be destroyed

§ 16.1-118.1. Destruction of papers in civil cases in certain district courts

§ 16.1-119. Proceedings to try title to property levied on under distress or execution

§ 16.1-120. Summons in such case

§ 16.1-121. Order after hearing

§ 16.1-122. Appeal

§ 16.1-122.1. Small claims court; designated

§ 16.1-122.2. Jurisdiction

§ 16.1-122.3. Actions; how commenced; notice; continuances; pleadings

§ 16.1-122.4. Representation and removal; rights of parties

§ 16.1-122.5. Informal hearings; rules of evidence suspended

§ 16.1-122.6. Judgment and collection

§ 16.1-122.7. Appeals