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

[PLAINTIFF'S FULL NAME],
Plaintiff,

v.

[DEFENDANT'S FULL NAME],
Defendant.

Case No.: [____________________]

DEFENDANT'S DEMURRER AND MOTION TO DISMISS

PRELIMINARY NOTE: VIRGINIA'S UNIQUE DISMISSAL FRAMEWORK

IMPORTANT — READ BEFORE USING THIS TEMPLATE:
Virginia uses a system that differs significantly from federal practice and most other states:

1. Demurrer (Va. Code § 8.01-273; Va. Sup. Ct. R. 3:8):
Virginia uses a "demurrer" — not a motion to dismiss under Rule 12(b)(6) — to challenge whether a pleading states a legally sufficient claim. A demurrer asserts that even accepting all facts as true, the complaint fails to state a cause of action or fails to state facts upon which the relief demanded can be granted. Virginia is a notice pleading state, but a demurrer tests legal sufficiency.

2. Other Dismissal Motions (Va. Sup. Ct. R. 3:8):
Pleas (not demurrers) raise affirmative defenses such as statute of limitations, res judicata, and statute of frauds. Rule 3:8 allows filing a plea, demurrer, or motion to dismiss in response to a complaint.

3. Anti-SLAPP (Va. Code § 8.01-223.2):
Virginia's anti-SLAPP statute provides immunity (not merely a privilege) for statements on matters of public concern. A prevailing defendant under § 8.01-223.2 may recover attorney's fees.

4. Filing Deadline:
Under Rule 3:8, responsive pleadings (including a demurrer) must be filed within 21 days after service of the summons and complaint, or within 60 days if service was waived under Code § 8.01-286.1.

5. Virginia Requires Specificity:
Under § 8.01-273(A), all demurrers must be in writing and must state specifically the grounds upon which the demurrant concludes that the pleading is insufficient at law. General or boilerplate demurrers are disfavored.

I. CAPTION AND IDENTIFICATION

TO THE HONORABLE JUDGE OF SAID COURT:

Defendant [________________________________] ("Defendant"), by counsel, pursuant to Virginia Code § 8.01-273 and Virginia Supreme Court Rule 3:8, respectfully files this Demurrer and Motion to Dismiss to Plaintiff [________________________________]'s [☐ Complaint / ☐ Amended Complaint / ☐ other: ____________________] (the "Complaint"), filed on [__/__/____], and states as follows:

II. GROUNDS ASSERTED

(Check all that apply.)

☐ Demurrer — Failure to State a Cause of Action (Va. Code § 8.01-273; Va. Sup. Ct. R. 3:8)
☐ Motion to Dismiss — Lack of Subject-Matter Jurisdiction
☐ Plea in Bar — Statute of Limitations (Va. Code § 8.01-229 et seq.)
☐ Plea in Bar — Res Judicata / Collateral Estoppel
☐ Motion to Quash Service — Insufficiency of Process or Service (Va. Code § 8.01-264)
☐ Plea in Bar — Sovereign/Governmental Immunity (Va. Code § 8.01-195.3)
☐ Motion to Dismiss — Improper Venue (Va. Code § 8.01-260 et seq.)
☐ Motion to Dismiss / Immunity — Anti-SLAPP (Va. Code § 8.01-223.2)
☐ Other: [________________________________]

III. PROCEDURAL INFORMATION

A. Deadline and Timeliness

• Plaintiff's Complaint was served on Defendant on [__/__/____].
• Under Virginia Supreme Court Rule 3:8, Defendant must file responsive pleadings within 21 days of service (or 60 days if service was waived).
• This Demurrer is timely filed on [__/__/____], which is [____] days after service.

B. Electronic Filing

Virginia courts use the Virginia Electronic Filing System (VEFS). Circuit courts with mandatory e-filing require represented parties to submit filings through VEFS at: https://www.courts.state.va.us/courts/cir/efiling.html. Confirm local court requirements before filing.

C. Required Specificity

Pursuant to Va. Code § 8.01-273(A), this Demurrer states specifically the grounds upon which Defendant concludes that the Complaint is insufficient at law. A demurrer that fails to specifically state grounds may be disregarded by the Court.

IV. STATEMENT OF THE CASE

A. The Parties

1. Plaintiff [________________________________] is a [☐ natural person / ☐ corporation / ☐ LLC / ☐ other: ____________________] [☐ residing in / ☐ domiciled in / ☐ incorporated in] [________________________________].

2. Defendant [________________________________] is a [☐ natural person / ☐ corporation / ☐ LLC / ☐ other: ____________________] [☐ residing in / ☐ domiciled in / ☐ incorporated in] [________________________________].

B. Summary of Claims

Plaintiff asserts the following claims against Defendant:

V. MEMORANDUM OF LAW

A. Virginia's Demurrer Standard

Under Virginia Code § 8.01-273, a demurrer may be filed in any suit in equity or action at law to contend that:
(1) a pleading does not state a cause of action; or
(2) a pleading fails to state facts upon which the relief demanded can be granted.

Standard of Review: In ruling on a demurrer, the Court accepts as true all factual allegations properly pleaded and all reasonable inferences that may be drawn from those facts. CaterCorp, Inc. v. Catering Concepts, Inc., 246 Va. 22, 24 (1993). However, the Court need not accept:
- Mere conclusions of law;
- Conclusory assertions unsupported by specific factual allegations;
- Allegations that are contradicted by documents attached to or incorporated into the complaint.

Virginia's Notice Pleading Standard: Virginia follows a notice pleading standard. A complaint need not set out the evidence by which the plaintiff expects to prove the case, but it must allege facts sufficient to constitute a cause of action. Thompson v. Skate America, Inc., 261 Va. 121, 128 (2001). However, the factual allegations must be sufficient to put the defendant on fair notice of the nature of the claim and the grounds upon which it rests.

Effect of Demurrer: If the demurrer is sustained, the Court may:
- Sustain the demurrer and dismiss the action (with or without leave to amend);
- Sustain the demurrer and grant leave to amend within a specified time;
- Overrule the demurrer.

Under Va. Code § 8.01-274(A), if a demurrer is sustained, the court shall give leave to amend unless it appears that the plaintiff cannot state a valid cause of action.

B. Argument on Each Ground

GROUND 1: DEMURRER — FAILURE TO STATE A CAUSE OF ACTION

(Specifically state why each claim fails to state a legally sufficient cause of action. Virginia requires specificity.)

Claim 1: [________________________________] — Failure to State a Claim

Elements of the Claim: To state a claim for [________________________________] under Virginia law, Plaintiff must allege: (1) [________________________________]; (2) [________________________________]; (3) [________________________________]; and (4) [________________________________].

Plaintiff's Allegations: Plaintiff alleges [________________________________]. See Complaint ¶¶ [____].

Specific Grounds for Demurrer:

This demurrer is sustained as to [________________________________] because:

☐ Missing element — [________________________________]: Plaintiff has failed to allege facts sufficient to establish [________________________________], a required element of this claim. Specifically, the Complaint contains no factual allegations [________________________________]. The conclusory allegation at paragraph [____] that "[________________________________]" is insufficient under Virginia law.

☐ No legally cognizable cause of action: Virginia does not recognize a cause of action for [________________________________] under the circumstances alleged because [________________________________]. See [case citation or statutory authority].

☐ The claim is barred by the economic loss rule: Plaintiff's claim for [________________________________] is a contract claim dressed in tort clothing. Virginia's economic loss rule bars recovery in tort for purely economic losses arising from a contractual relationship. See Filak v. George, 267 Va. 612 (2004).

☐ Statutory pre-conditions not met: Plaintiff has failed to allege compliance with [Va. Code § ____________________], which requires [________________________________] as a prerequisite to this cause of action.

☐ The damages alleged are not recoverable as a matter of law: [________________________________].

☐ Other specific ground: [________________________________].

Authority: [________________________________]; [________________________________].

Claim 2: [________________________________] — Failure to State a Claim

Elements: [________________________________].

Plaintiff's Allegations: [________________________________]. See Complaint ¶¶ [____].

Specific Grounds for Demurrer:

☐ [________________________________]
☐ [________________________________]
☐ [________________________________]

Authority: [________________________________].

Claim 3: [________________________________] — Failure to State a Claim

Elements: [________________________________].

Plaintiff's Allegations: [________________________________]. See Complaint ¶¶ [____].

Specific Grounds for Demurrer:

☐ [________________________________]
☐ [________________________________]

GROUND 2: PLEA IN BAR — STATUTE OF LIMITATIONS

(Complete if applicable.)

The claim for [________________________________] is barred by the applicable statute of limitations.

• Applicable Limitations Period: [____] years under Va. Code § [____________________].
• Accrual Date: The cause of action accrued on [__/__/____] when [________________________________].
• Filing Date: Plaintiff filed this action on [__/__/____].
• Calculation: [____] [years/months] elapsed from accrual to filing, which exceeds the [____]-year/month limitation period.
• Tolling: Plaintiff cannot demonstrate any applicable tolling because [________________________________].

Authority: Va. Code § 8.01-229 et seq.; [________________________________].

GROUND 3: MOTION TO DISMISS — LACK OF SUBJECT-MATTER JURISDICTION

(Complete if applicable.)

This Court lacks subject-matter jurisdiction because:

☐ Sovereign immunity: This action is barred by the doctrine of sovereign immunity because [________________________________]. See Va. Code § 8.01-195.3 (Virginia Tort Claims Act).

☐ Exclusive jurisdiction in another tribunal: Exclusive jurisdiction over this matter is vested in [________________________________] pursuant to [________________________________].

☐ Other jurisdictional defect: [________________________________].

GROUND 4: MOTION TO QUASH SERVICE — INSUFFICIENCY OF PROCESS OR SERVICE

(Complete if applicable.)

Service of process upon Defendant was defective and this action should be dismissed or service should be quashed because:

☐ Improper method of service: Service was not effected by a proper method under Va. Code § 8.01-296 et seq. Specifically, [________________________________].

☐ Service on wrong party: Process was served on [________________________________], who is not an officer, director, or registered agent authorized to accept service on behalf of Defendant.

☐ Defective summons: The summons is defective in that [________________________________], in violation of Va. Code § 8.01-290.

☐ Time limit: Service was not timely effectuated within one year of filing under Va. Code § 8.01-275.1.

GROUND 5: MOTION TO DISMISS — VIRGINIA ANTI-SLAPP STATUTE (Va. Code § 8.01-223.2)

(Complete if applicable — for claims arising from statements on matters of public concern.)

Plaintiff's claim(s) against Defendant should be dismissed pursuant to Virginia Code § 8.01-223.2 (Virginia's Anti-SLAPP statute) because:

Overview of Va. Code § 8.01-223.2: Virginia Code § 8.01-223.2 provides immunity from civil liability for:
- Statements or communications on matters of public concern made at a public hearing before a governmental body;
- Statements or communications on matters of public concern made in a newspaper, radio broadcast, or other public medium;
- Statements made in connection with a matter of public concern.

A defendant who is sued on the basis of such protected communications may assert immunity and, if successful, recover reasonable attorney's fees, costs, and disbursements.

Application to This Case:

☐ The statement(s) at issue — [________________________________] — were made [☐ at a public hearing before [________________________________] / ☐ in a public medium, namely [________________________________] / ☐ in connection with a matter of public concern regarding [________________________________]].

☐ The statement(s) constitute protected speech on a matter of public concern because [________________________________].

☐ Plaintiff's claim for [________________________________] is based on, or arises from, Defendant's protected communications.

☐ Defendant is entitled to immunity from civil liability under § 8.01-223.2 and requests an award of attorney's fees, costs, and disbursements as prevailing defendant.

Note: Unlike some other states' anti-SLAPP statutes, Virginia's § 8.01-223.2 does not provide for a special motion to strike with automatic stay of discovery. The immunity is raised as a defense and the attorney's fees provision is a potential remedy upon prevailing.

Authority: Va. Code § 8.01-223.2; Dragulescu v. Virginia Union University, 223 F. Supp. 3d 457 (E.D. Va. 2016).

GROUND 6: MOTION TO DISMISS — IMPROPER VENUE

(Complete if applicable.)

Venue is improper in [________________________________] County/City because:

☐ Under Va. Code § 8.01-260, venue is proper where [________________________________], which is [________________________________] County/City, not [________________________________] County/City.

☐ The parties' agreement at [Exhibit ____] provides for exclusive venue in [________________________________].

☐ [Other ground: ________________________________].

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. SUSTAIN the Demurrer and DISMISS Plaintiff's [☐ Complaint in its entirety / ☐ the following claims: ________________________________];

2. ☐ DISMISS with prejudice; or
   ☐ DISMISS without prejudice and grant Plaintiff [____] days to file an Amended Complaint that cures the deficiencies identified herein;

3. GRANT the Plea in Bar as to the following claims: [________________________________];

4. QUASH service of process and, if jurisdiction cannot be obtained, DISMISS the action;

5. GRANT immunity and DISMISS claims under Va. Code § 8.01-223.2, and award Defendant reasonable attorney's fees and costs;

6. DISMISS for improper venue and, in the alternative, TRANSFER this action to [________________________________] County/City;

7. Award Defendant its costs of court; and

8. Grant such other relief as this Court deems just and proper.

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]
[Attorney Name]
Virginia State Bar No. [____________________]
[Street Address]
[City, VA ZIP]
Telephone: ([____]) [____]-[________]
Fax: ([____]) [____]-[________]
Email: [________________________________]

COUNSEL FOR DEFENDANT [________________________________]

Date: [__/__/____]

CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Demurrer and Motion to Dismiss upon all counsel of record and/or pro se parties by the following means:

[________________________________]
[Attorney Name]

APPENDIX: DEMURRER vs. PLEA IN BAR vs. MOTION TO DISMISS IN VIRGINIA

SOURCES AND REFERENCES

• Va. Code § 8.01-273 (Demurrer): https://law.lis.virginia.gov/vacode/title8.01/chapter7/section8.01-273/
• Va. Code § 8.01-223.2 (Anti-SLAPP): https://law.lis.virginia.gov/vacode/title8.01/chapter7/section8.01-223.2/
• Virginia Supreme Court Rule 3:8: https://www.vacourts.gov/courts/scv/rules.html
• Virginia Electronic Filing System (VEFS): https://www.courts.state.va.us/courts/cir/efiling.html
• Virginia Code Title 8.01 Chapter 7: https://law.lis.virginia.gov/vacodefull/title8.01/chapter7/