In every such case, the Comptroller shall be a defendant. He shall file an answer stating the objections to the claim. The cause shall be heard upon the petition, answer, and the evidence.
§ 8.01-193.Defense and hearing.
Chapter 3. Actions · Article 18. Recovery of Claims Against the Commonwealth of Virginia · Last amended 1977 · Last verified July 16, 2026
In one sentenceIn an action to recover a claim against the Commonwealth, the Comptroller is a defendant who must file an answer stating objections to the claim, and the case is heard on the petition, the answer, and the evidence.
Full Text of § 8.01-193
Plain-English Summary
Section 8.01-193 sets up how a claim against the Commonwealth gets defended once it reaches circuit court under Section 8.01-192. The Comptroller stands as a defendant in every such case — the statute does not leave that role optional or dependent on the nature of the claim.
The Comptroller’s response takes a specific form: an answer stating the objections to the claim, rather than a general denial or a motion to dismiss without substance. Once the answer is on file, the case proceeds to a hearing built on three things — the petition that started the case, the Comptroller’s answer, and the evidence presented — giving the court a defined record to decide the claim on.
Frequently Asked Questions
Who defends the Commonwealth in an action to recover a claim against it under this article?
The Comptroller, who is a defendant in every such case.
What must the Comptroller file in response to the claim?
An answer stating the objections to the claim.
What does the court consider in deciding the case?
The petition, the answer, and the evidence.
Is the Comptroller’s participation optional under Section 8.01-193?
No, the section states the Comptroller shall be a defendant in every such case.
Does this section describe a jury or bench proceeding?
It describes the pleadings and evidentiary basis for the hearing; Section 8.01-194 separately addresses when a jury is impaneled.
Amendment History
Code 1950, § 8-753; 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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