16.1-88.01 - Counterclaims. - Virginia Statutes

§ 16.1-88.01. Counterclaims.

In any proceeding before any general district court a defendant may, at hisoption, at any time before trial, plead in writing as a counterclaim, anycause of action at law for a money judgment in personam, or any matter whichwould entitle him to relief in equity in the nature of damages, that he hasagainst the plaintiff or all plaintiffs jointly, whether or not it grows outof 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 orcontract, and whether or not the amount demanded exceeds the amount claimedby the plaintiff in the warrant or notice of motion for judgment; however, nosuch counterclaim shall be filed or heard when the amount claimed thereinexceeds the amount within the jurisdiction of such court.

Upon the request of either party, bills of particulars and grounds of defensemay 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 theoriginal case, or may order and hold a separate hearing of any cause ofaction asserted in a counterclaim. In either event, the court shall rendersuch 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.)