DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES,

AND (OPTIONAL) COUNTERCLAIM

(GENERAL DENIAL)

Circuit Court of the [_] County / City of Virginia
Case No. [_]

PLAINTIFF: [PLAINTIFF NAME],
v.
DEFENDANT: [DEFENDANT NAME]

Date Filed: [__]

[// GUIDANCE: This template is drafted to comply with the Virginia Rules of the Supreme Court (principally Rules 1:4, 3:8, and 3:9). Customize all bracketed fields, renumber paragraphs to mirror the Complaint, and add or delete affirmative defenses to fit the facts. Virginia defendants must file an Answer within 21 days after service (Rule 3:8(a)) unless the court orders otherwise.]

I. INTRODUCTORY STATEMENT

1. Pursuant to Va. Sup. Ct. R. 3:8, Defendant [DEFENDANT NAME] (“Defendant”) hereby answers the Complaint filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) and asserts affirmative defenses and, if elected, the counterclaim stated below.
2. All allegations not expressly admitted are denied.

II. RESPONSES TO NUMBERED ALLEGATIONS

[// GUIDANCE: Either (A) track each paragraph of the Complaint, admitting, denying, or stating “Defendant is without knowledge or information sufficient to form a belief,” OR (B) use the “short-form” general denial in Section III. Courts generally prefer paragraph-by-paragraph responses.]

Example format:

1. Paragraph 1: Defendant admits that … .
2. Paragraph 2: Defendant denies the allegations contained in Paragraph 2.
3. Paragraph 3: Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph 3 and therefore denies them.

III. GENERAL DENIAL AND RESERVATION

Subject to the specific admissions and denials above, Defendant denies each and every allegation of the Complaint, expressly or impliedly, and demands strict proof thereof. Defendant reserves the right to amend this Answer, assert additional defenses, and file supplemental or amended counterclaims as discovery and investigation continue.

IV. AFFIRMATIVE DEFENSES

Without conceding any burden of proof, Defendant asserts the following defenses pursuant to Va. Sup. Ct. R. 1:4(k). Each defense is pleaded in the alternative and does not concede that Defendant bears the burden of persuasion unless required by law.

1. Failure to State a Claim: The Complaint fails to state a claim upon which relief can be granted.
2. Lack of Standing / Capacity: Plaintiff lacks standing or legal capacity to sue.
3. Statute of Limitations: Plaintiff’s claims are barred, in whole or in part, by applicable statutes of limitation.
4. Waiver and Estoppel: Plaintiff’s claims are barred by the doctrines of waiver, estoppel, and/or ratification.
5. Accord and Satisfaction / Settlement: Any alleged obligation has been released, satisfied, or discharged.
6. Laches: Plaintiff unreasonably delayed in pursuing its claims, causing prejudice to Defendant.
7. Contributory Negligence / Comparative Fault: Plaintiff’s own negligence or fault bars or reduces recovery.
8. Failure to Mitigate: Plaintiff failed to mitigate damages.
9. Set-off / Recoupment: Any recovery must be reduced by sums owed to Defendant.
10. Unclean Hands: Equitable relief is barred by Plaintiff’s inequitable conduct.
11. Force Majeure / Impossibility: Performance was impossible or impracticable due to events outside Defendant’s control.
12. Reservation: Defendant reserves all additional defenses available under Virginia or federal law, including those that may arise through discovery.

V. COUNTERCLAIM (Rule 3:9) – OPTIONAL

[// GUIDANCE: Omit this section if no counterclaim is asserted. A counterclaim must be stated in numbered paragraphs with a separate “Prayer for Relief.”]

1. Jurisdiction and Venue: This Court has subject-matter jurisdiction over, and venue is proper for, this counterclaim under Va. Code § 8.01-261 et seq.
2. Parties: Defendant/Counter-Plaintiff [_] is … ; Plaintiff/Counter-Defendant [_] is … .
3. Facts: [Set forth operative facts.]
4. Claim(s) for Relief: [E.g., Breach of Contract, Declaratory Judgment, etc.]
5. Damages: As a direct and proximate result … , Defendant suffered damages in excess of $[__], exclusive of interest and costs.

Counterclaim Prayer for Relief

WHEREFORE, Defendant/Counter-Plaintiff respectfully requests:
a. Judgment in its favor in the amount of $[__];
b. Pre- and post-judgment interest as allowed by law;
c. Attorney’s fees and costs as permitted; and
d. Such further relief as the Court deems just and proper.

VI. PRAYER FOR RELIEF (AS TO COMPLAINT)

WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Award Defendant its costs and such other relief as the Court deems just and equitable.

VII. JURY DEMAND (IF APPLICABLE)

Defendant demands a trial by jury on all issues so triable.

VIII. RESERVATION OF RIGHTS

Defendant expressly reserves the right to amend or supplement this Answer, affirmative defenses, and (if asserted) counterclaim to the fullest extent permitted by Va. Sup. Ct. R. 1:8 and other applicable law.

IX. CERTIFICATION PURSUANT TO RULE 1:4(d)

Counsel certifies that, to the best of counsel’s knowledge, information, and belief, formed after reasonable inquiry, this pleading is well-grounded in fact and is warranted by existing law or a good-faith argument for the extension, modification, or reversal of existing law, and is not interposed for any improper purpose.

X. VERIFICATION (OPTIONAL / IF STATUTORILY REQUIRED)

I, [DEFENDANT NAME], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME]
Date: [__]

XI. CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of [MONTH], [YEAR], a true copy of the foregoing was served by [method of service permitted under Va. Sup. Ct. R. 1:12] upon:

[Opposing Counsel Name]
[Firm]
[Address]

[ATTORNEY NAME] (VSB No. ______)
[Law Firm Name]
[Address]
[Telephone] | [Email]
Counsel for Defendant

[// GUIDANCE:
1. Filing Deadline—21 days after service (Circuit Court).
2. Include your Virginia State Bar number on the signature block (Va. Sup. Ct. R. 1A:4).
3. Tailor affirmative defenses to the facts; improper or unsupported defenses may be stricken.
4. If asserting a counterclaim, ensure it is filed and served in accordance with Rule 3:9 and any scheduling order.
5. Consider early disclosure obligations and the possibility of special pleas (e.g., statute of limitations plea in bar).]