A. In any suit in equity or action at law, the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer. All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes that the pleading is insufficient at law. No grounds other than those stated specifically in the demurrer shall be considered by the court. A demurrer may be amended as other pleadings are amended.
§ 8.01-273.Demurrer; form; grounds to be stated; amendment.
Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 2. Pleadings Generally · Last amended 2017 · Last verified July 16, 2026
In one sentenceSection 8.01-273 lets a party challenge a pleading for failing to state a cause of action or facts warranting relief through a written demurrer stating specific grounds, confines the court to those stated grounds, and preserves a demurree’s right to stand on the original pleading after amending if the record shows a timely objection.
Full Text of § 8.01-273
B. Wherever a demurrer to any pleading has been sustained, and as a result thereof the demurree has amended his pleading, he shall not be deemed to have waived his right to stand upon his pleading before the amendment, provided that (i) the order of the court shows that he objected to the ruling of the court sustaining the demurrer and (ii) the amended pleading incorporates or refers to the earlier pleading. On any appeal of such a case the demurree may insist upon his earlier pleading before the amendment, and if the same be held to be good, he shall not be prejudiced by having made the amendment.
Plain-English Summary
A demurrer tests the legal sufficiency of a pleading, not the truth of its facts — it says, in effect, that even if everything alleged is true, the law gives no relief. Section 8.01-273(A) makes that challenge available in any suit in equity or action at law, whenever a pleading either fails to state a cause of action or fails to state facts that support the relief demanded. The demurrer must be in writing and must state specifically the grounds the demurrant relies on; the court cannot consider any ground the demurrer does not spell out. Like other pleadings, a demurrer can be amended.
Subsection B protects a party who amends after losing a demurrer. Ordinarily, amending a pleading might look like abandoning the version that got struck down. This section says that is not so, as long as two things happen: the court’s order shows the demurree objected to the ruling sustaining the demurrer, and the amended pleading incorporates or refers back to the earlier one. On appeal, the demurree can then insist on the earlier, pre-amendment pleading, and if the appellate court finds it was good after all, the demurree suffers no penalty for having amended in the meantime.
Frequently Asked Questions
What does a demurrer challenge under Virginia law?
That a pleading does not state a cause of action, or fails to state facts upon which the relief demanded can be granted.
Must a demurrer specify its grounds in writing?
Yes. All demurrers shall be in writing and shall state specifically the grounds on which the demurrant concludes the pleading is legally insufficient.
Can a court sustain a demurrer on a ground the demurrer did not raise?
No. Section 8.01-273(A) says no grounds other than those stated specifically in the demurrer shall be considered by the court.
Does amending a pleading after a demurrer is sustained waive the right to challenge that ruling on appeal?
Not if the court’s order shows the demurree objected to the ruling and the amended pleading incorporates or refers to the earlier pleading; the demurree may still insist on the earlier pleading on appeal.
Can a demurrer itself be amended?
Yes. Subsection A states a demurrer may be amended as other pleadings are amended.
Amendment History
Code 1950, §§ 8-99, 8-120; 1954, c. 333; 1977, c. 617; 2017, c. 755.
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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