A. Except as otherwise provided by § 8.3A-308, when any pleading alleges that any person made, endorsed, assigned, or accepted any writing, no proof of the handwriting shall be required, unless it be denied by an affidavit accompanying the plea putting it in issue.
B. When any pleading alleges that any person, partnership, corporation, or unincorporated association at a stated time, owned, operated, or controlled any property or instrumentality, no proof of the fact alleged shall be required unless an affidavit be filed with the pleading putting it in issue, denying specifically and with particularity that such property or instrumentality was, at the time alleged, so owned, operated, or controlled.
C. When parties sue or are sued as partners, and their names are set forth in the pleading, or when parties sue or are sued as a corporation, it shall not be necessary to prove the fact of the partnership or incorporation unless with the pleading which puts the matter in issue there be filed an affidavit denying such partnership or incorporation.
Code 1950, §§ 8-114 to 8-116; 1954, c. 333; 1958, c. 66; 1964, c. 219; 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