§ 8.01-281.Pleading in alternative; separate trial on motion of party.

Section 8.01-281(A) gives a party real flexibility in how a claim, counterclaim, cross-claim, third-party claim, or defense gets framed. A party may plead alternative facts and alternative theories of recovery, even against alternative parties, as long as everything pleaded together arises out of the same transaction or occurrence. The claims covered include contribution, indemnity, subrogation, and contract claims, whether express or implied, and they can rest on future potential liability, it is no defense that the party asserting the claim has not yet paid or otherwise discharged any liability of his own arising from that same transaction or occurrence.

Subsection B gives the court discretion to order a separate trial of any claim, counterclaim, cross-claim, third-party claim, or separate issue, on motion of any party. That discretion has one mandatory exception built in: where a defendant files a third-party motion for judgment alleging that the plaintiff’s injuries or property damage were caused by a third-party defendant’s negligent operation of a motor vehicle, the court must order a separate trial of that third-party claim if the plaintiff moves for it at least five days before trial.