Exceptions to answers for insufficiency are abolished. The test of the sufficiency of any defensive pleading in any suit in equity or action at law shall be made by a motion to strike; if found insufficient, but amendable, the court may allow amendment on terms. If a second pleading is adjudged insufficient, the court may enter such judgment or decree or take such other action that it deems appropriate.
§ 8.01-274.Motion to strike defensive pleading in equity and at law; exceptions abolished.
Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 1978 · Last verified July 16, 2026
In one sentenceSection 8.01-274 abolishes exceptions to answers for insufficiency and makes a motion to strike the test for whether any defensive pleading in a suit in equity or action at law is sufficient, letting the court allow amendment on terms after a first insufficient pleading, and take appropriate action if a second one still fails.
Full Text of § 8.01-274
Plain-English Summary
Section 8.01-274 retires an old piece of equity practice, the exception to an answer for insufficiency, and replaces it with a single, unified test that works the same way in equity and at law. Whether any defensive pleading is legally sufficient gets decided by a motion to strike, not by the older exception procedure.
The section also builds in a second chance, but not an unlimited one. If the court finds a defensive pleading insufficient but amendable, it may allow the pleader to amend on terms the court sets. If the pleader tries again and the second, amended pleading is still adjudged insufficient, the court is no longer limited to allowing another amendment — it may enter whatever judgment, decree, or other action it deems appropriate at that point.
Frequently Asked Questions
Are exceptions to answers still used in Virginia equity practice?
No. Section 8.01-274 states that exceptions to answers for insufficiency are abolished.
How does a party now challenge the sufficiency of a defensive pleading in Virginia?
By a motion to strike, which the section makes the test of sufficiency for any defensive pleading in a suit in equity or action at law.
What happens if a court finds a defensive pleading insufficient the first time?
The court may allow amendment on terms, if the pleading is amendable.
What can the court do if a second, amended defensive pleading is still insufficient?
The court may enter such judgment or decree, or take such other action, as it deems appropriate.
Does § 8.01-274 apply only to actions at law, or also to suits in equity?
Both — the motion-to-strike test applies to any defensive pleading in a suit in equity or an action at law.
Amendment History
Code 1950, § 8-122; 1954, c. 605; 1977, c. 617; 1978, c. 336.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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