The motion for judgment may contain several counts, and several parties may be named as plaintiffs jointly in one count and separately in others.
§ 8.01-138.There may be several counts and several plaintiffs.
Chapter 3. Actions · Article 14. Ejectment · Last amended 1977 · Last verified July 16, 2026
In one sentenceSection 8.01-138 allows an ejectment motion for judgment to contain multiple counts and to name multiple plaintiffs, whether jointly in a single count or separately across different counts within the same action.
Full Text of § 8.01-138
Plain-English Summary
Section 8.01-138 gives plaintiffs flexibility in how they plead multiple claims or multiple parties within one ejectment action. The motion for judgment is not limited to a single count.
Several parties can be named as plaintiffs together, jointly, in one count, while other counts in the same motion name them separately. This lets a case involving overlapping or alternative theories of ownership proceed as one action rather than requiring separate suits.
Frequently Asked Questions
Can more than one plaintiff join in a single Virginia ejectment action?
Yes. Section 8.01-138 allows several parties to be named as plaintiffs, either jointly in one count or separately in others, within the same motion for judgment.
Can a single ejectment motion for judgment contain more than one count?
Yes, the statute expressly allows several counts within one motion for judgment.
Why would a plaintiff plead separate counts naming different combinations of parties?
Different counts let a plaintiff present alternative or overlapping claims to the property — for example, a joint claim by several parties in one count and an individual claim by one of them in another — without filing multiple lawsuits.
Does joining multiple plaintiffs change what each must prove?
No. Each plaintiff or group of plaintiffs named in a count must still satisfy the underlying requirements for ejectment, such as having a subsisting interest and right to recover under Section 8.01-132; Section 8.01-138 only addresses how the pleading may be structured.
How does this section interact with how the verdict addresses multiple plaintiffs?
Because several plaintiffs may be named together or separately under Section 8.01-138, Sections 8.01-149 and 8.01-150 address how the verdict sorts out which plaintiffs, if any, prove a right to possession.
Amendment History
Code 1950, § 8-805; 1954, c. 333; 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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