Any pleading to be filed in any court may be sworn to before the clerk or any officer authorized to administer oath thereof; and when an affidavit is required in support of any pleading or as a prerequisite to the issuance thereof, it shall be sufficient if the affiant swear that he believes it to be true.
§ 8.01-280.Pleadings may be sworn to before clerk; affidavit of belief sufficient.
Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-280 lets any pleading be sworn before the clerk or any officer authorized to administer oaths, and provides that when an affidavit supports or is a prerequisite to a pleading, it is enough for the affiant to swear that he believes the pleading to be true.
Full Text of § 8.01-280
Plain-English Summary
Section 8.01-280 handles two small but practical mechanics of sworn pleadings. First, it confirms who can administer the oath: any pleading to be filed in any Virginia court can be sworn before the clerk of that court, or before any other officer authorized to administer oaths, so a litigant is not limited to a narrower set of officials.
Second, it sets a modest standard for what the affiant has to say. When an affidavit is required to support a pleading, or as a prerequisite to a pleading’s issuance, the kind of affidavit § 8.01-279 or § 8.01-274.1 might call for, it is enough for the affiant to swear that he believes the pleading to be true. The statute does not demand certainty or personal knowledge of every fact; sworn belief satisfies the requirement.
Frequently Asked Questions
Who can administer the oath for a sworn pleading in Virginia?
The clerk of the court where the pleading is filed, or any officer authorized to administer oaths.
What must an affiant swear to when an affidavit is required in support of a pleading?
It is sufficient if the affiant swears that he believes the pleading to be true, rather than asserting personal knowledge of every fact.
Does § 8.01-280 apply only to certain types of pleadings?
No. It states that any pleading to be filed in any court may be sworn before the clerk or an authorized officer.
When would an affidavit be a “prerequisite” to a pleading under this section?
When another statute requires an affidavit before the pleading can be issued, such as the affidavits described in §§ 8.01-279 and 8.01-274.1.
Does this section lower the standard for what a sworn pleading must contain?
It lowers the standard for the affiant’s certainty, belief that the pleading is true, sworn under oath, is enough.
Amendment History
Code 1950, § 8-131; 1977, c. 617.
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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