8.01-276 - Demurrer to evidence and plea in abatement abolished; motion to strike evidence and written motion, respectively, to be used in lieu thereof. - Virginia Statutes

§ 8.01-276. Demurrer to evidence and plea in abatement abolished; motion tostrike evidence and written motion, respectively, to be used in lieu thereof.

Demurrers to the evidence and pleas in abatement are hereby abolished.

Any matter that heretofore could be reached by a demurrer to the evidence mayhereafter be subject to a motion to strike the evidence.

Any defense heretofore required or permitted to be made by plea in abatementmay be made by written motion stating specifically the relief demanded andthe grounds therefor. Except when the ground of such motion is the lack ofthe court's jurisdiction over the person of an indispensable party, or of thesubject matter of the litigation, such motion shall be made within the timeprescribed by Rules of the Supreme Court.

If the motion challenges the venue of the action, the movant shall statetherein why venue is improperly laid and what place or places within theCommonwealth would constitute proper venue for the action.

(1977, c. 617.)