Demurrers to the evidence and pleas in abatement are hereby abolished.
Any matter that heretofore could be reached by a demurrer to the evidence may hereafter be subject to a motion to strike the evidence.
Any defense heretofore required or permitted to be made by plea in abatement may be made by written motion stating specifically the relief demanded and the grounds therefor. Except when the ground of such motion is the lack of the court's jurisdiction over the person of an indispensable party, or of the subject matter of the litigation, such motion shall be made within the time prescribed by Rules of the Supreme Court.
If the motion challenges the venue of the action, the movant shall state therein why venue is improperly laid and what place or places within the Commonwealth would constitute proper venue for the action.
1977, c. 617.
Structure Code of Virginia
Title 8.01 - Civil Remedies and Procedure
Chapter 7 - Civil Actions; Commencement, Pleadings, and Motions
§ 8.01-271. Compliance with Rules of Supreme Court
§ 8.01-271.01. Electronic filings in civil actions in circuit court
§ 8.01-271.1. Signing of pleadings, motions, and other papers; oral motions; sanctions
§ 8.01-273. Demurrer; form; grounds to be stated; amendment
§ 8.01-274. Motion to strike defensive pleading in equity and at law; exceptions abolished
§ 8.01-274.1. Motion or petition for rule to show cause for violation of court order
§ 8.01-275. When action or suit not to abate for want of form; what defects not to be regarded
§ 8.01-275.1. When service of process is timely
§ 8.01-277. Defective process; motion to quash; untimely service; motion to dismiss
§ 8.01-277.1. Objections to personal jurisdiction or defective process; what constitutes waiver
§ 8.01-280. Pleadings may be sworn to before clerk; affidavit of belief sufficient
§ 8.01-281. Pleading in alternative; separate trial on motion of party
§ 8.01-282. Motion to strike evidence