8.01-279 - When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation. - Virginia Statutes

§ 8.01-279. When proof is unnecessary unless affidavit filed; handwriting;ownership; partnership or incorporation.

A. Except as otherwise provided by § 8.3A-308, when any pleading alleges thatany person made, endorsed, assigned, or accepted any writing, no proof of thehandwriting shall be required, unless it be denied by an affidavitaccompanying the plea putting it in issue.

B. When any pleading alleges that any person, partnership, corporation, orunincorporated association at a stated time, owned, operated, or controlledany property or instrumentality, no proof of the fact alleged shall berequired unless an affidavit be filed with the pleading putting it in issue,denying specifically and with particularity that such property orinstrumentality 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 inthe pleading, or when parties sue or are sued as a corporation, it shall notbe necessary to prove the fact of the partnership or incorporation unlesswith the pleading which puts the matter in issue there be filed an affidavitdenying such partnership or incorporation.

(Code 1950, §§ 8-114 to 8-116; 1954, c. 333; 1958, c. 66; 1964, c. 219; 1977,c. 617.)