Demurrer / Motion to Dismiss - Virginia

IN THE CIRCUIT COURT OF [COUNTY/CITY], VIRGINIA

DEFENDANT'S DEMURRER AND MOTION TO DISMISS; MEMORANDUM IN SUPPORT

Defendant [name], by counsel, demurs under Va. Code § 8.01-273(A) to [identify pleading and counts]. The pleading fails to state a cause of action or facts upon which the requested relief can be granted for the specific reasons stated below. Defendant moves for the case-specific disposition requested in the prayer.

Before filing: A demurrer addresses pleading sufficiency. A limitation-period defense belongs in a responsive pleading under § 8.01-235. Defective process or service is raised by timely motion to quash under § 8.01-277(A), and § 8.01-277.1(A) can waive personal-jurisdiction or process objections through merits conduct, including filing a demurrer. Object to venue by timely motion under § 8.01-264(A), which directs transfer to a proper Virginia forum when one exists.

Specific grounds of demurrer

1. Count [number], [name]: [Identify the missing legally required element or facts supporting relief.] [Cite the complaint paragraphs.] [State the current controlling statute or decision establishing the element.] [Explain why the pleaded facts are insufficient even if accepted.]
2. Count [number], [name], if applicable: [Repeat with specific ground and authority.]

No ground not specifically stated here is offered for consideration under § 8.01-273(A).

Memorandum of law

Procedural background

Plaintiff filed [pleading] on [date]. Defendant was served on [date] or timely waived service after a request sent on [date]. Rule 3:8(a) generally requires a response within 21 days after service, 60 days after a timely waiver request, or 90 days after such request if addressed outside Virginia. Identify the applicable period and any court order: [calculation]. If the court later overrules all responsive demurrers, pleas, and motions, Rule 3:8(b) generally requires an answer within 21 days after the order unless the court sets another time.

Legal and factual argument

Rule 1:4(d) requires numbered factual paragraphs that clearly inform the other party of the true nature of the claim or defense. The demurrer challenges the legal sufficiency of [identified counts] under § 8.01-273(A).

Count [number]: [State the required legal elements and cite controlling authority.] [Quote or identify the complaint's relevant numbered allegations.] [Apply the elements to those allegations and explain the specific defect.]

[Repeat for each selected count. Address whether an amendment could cure the defect, without assuming dismissal with prejudice; Rule 1:8 says leave to amend should be liberally granted in furtherance of justice.]

Optional separate immunity ground

If the tort claim is based solely on statements covered by Va. Code § 8.01-223.2(A), Defendant asserts that immunity as [identify appropriate responsive plea or motion and specific statements]. Analyze each applicable category in subsection (A) and the subsection (B) exception for statements known or reasonably knowable to be false or made with reckless disregard: [facts and authority]. If Defendant prevails under that immunity, request reasonable attorney fees and costs only under the discretionary language of subsection (C). Do not treat this section as an automatic discovery stay or fee award.

Prayer for relief

Defendant asks the Court to sustain this demurrer as to [counts], allow or deny leave to amend as warranted under Rule 1:8, and enter [specified dismissal or other disposition, with or without prejudice as supported]. [Any additional relief must have a separately stated basis.]

Dated: [DATE]

[ATTORNEY SIGNATURE]
[NAME, VIRGINIA STATE BAR NUMBER]
[ADDRESS, PHONE, EMAIL]
Counsel for Defendant

Notice of hearing

To all parties and counsel of record: This demurrer will be heard on [court-designated date] at [time] before Judge [name] at [courtroom or remote setting]. Rule 4:15(a) governs scheduling. Serve the required notice and make a good-faith effort to confer under Rule 4:15(b). For a supporting brief of five pages or fewer, absent leave of court, Rule 4:15(c) requires the notice and brief at least 14 days before hearing and opposition at least seven days before hearing. For a longer brief, use the schedule determined by the court or designee; the rule's general brief limit is 20 double-spaced pages absent leave.

Rule 4:15(b) certification: I conferred or attempted in good faith to confer with [opposing counsel] on [date] by [method] to resolve the issues and agree on a hearing date; the result was [summary].

Dated: [DATE] | [COUNSEL SIGNATURE]

Certificate of service

I certify that on [date], I served this demurrer, memorandum, notice of hearing, and [attachments] on [names and addresses] by [authorized method].

[Signature]

Proposed order for the Court's consideration

IN THE CIRCUIT COURT OF [COUNTY/CITY], VIRGINIA

ORDER ON DEFENDANT'S DEMURRER

After considering the demurrer, response, record, and argument, the Court orders:

1. The demurrer is ☐ sustained ☐ overruled ☐ sustained in part as to [counts].
2. [State whether leave to amend is granted, the deadline for amendment, and the specific disposition of affected counts. If dismissal is ordered, specify with or without prejudice and the basis.]
3. [Any other relief actually ordered.]

Entered: [DATE] | Judge: [SIGNATURE]

Rule 1:13 endorsement or notice of presentation:

• Counsel for Plaintiff: [SIGNATURE/DATE/OBJECTION OR NOTICE DETAILS]
• Counsel for Defendant: [SIGNATURE/DATE]

If counsel does not endorse, provide reasonable notice of the time and place of presentation with a copy to that counsel, subject to the Court's authority to modify or dispense with the rule's requirement.