When a defendant moves the court to strike out all of the evidence, upon any grounds, and such motion is overruled by the court, such defendant shall not thereafter be precluded from introducing evidence in his behalf.
§ 8.01-282.Motion to strike evidence.
Chapter 7. Civil Actions; Commencement, Pleadings, and Motions · Article 3. Particular Equity Provisions · Last amended 2005 · Last verified July 16, 2026
In one sentenceA defendant who asks the court to strike all the evidence against him, and loses that motion, keeps the right to put on his own evidence and is not treated as having given up his defense.
Full Text of § 8.01-282
Plain-English Summary
This section protects a defendant who takes a swing at the plaintiff’s case and misses. When a defendant asks the trial court to strike all the evidence — arguing the plaintiff has not proven enough to go forward — and the judge overrules that motion, the defendant does not lose anything else. He can still call witnesses, introduce documents, and put on a full defense.
Without this rule, a defendant might hesitate to challenge weak evidence for fear that testing it early forecloses telling his own side of the story later. The section removes that risk, letting defendants press a motion to strike without gambling away the rest of their case.
The section sits among Virginia’s particular equity provisions, alongside § 8.01-283’s abolition of the old two-witness rule for sworn equity answers. Both provisions strip away a procedural trap that once could work against a party who tested his opponent’s proof at trial — one testing the sufficiency of the evidence, the other testing whether a sworn denial demanded extra corroboration.
Frequently Asked Questions
What happens if a defendant’s motion to strike the evidence is denied?
The defendant may proceed to present his own evidence and witnesses just as though the motion had never been made; denial of the motion carries no penalty and does not limit the defense that follows.
Does moving to strike the evidence waive a defendant’s right to put on a defense?
No. Under § 8.01-282, once the motion is overruled the defendant is not precluded from introducing evidence in his own behalf.
On what grounds can a defendant move to strike evidence under this section?
The section allows the motion “upon any grounds,” so a defendant is not limited to a single theory when asking the court to strike the evidence presented against him.
Does this section apply only in equity cases?
The statute appears among Virginia’s particular equity provisions, but its text refers broadly to any defendant who moves to strike evidence, without limiting the rule to suits in equity.
Who benefits from the protection in § 8.01-282?
Only the defendant who made the motion; the section speaks to “such defendant” and protects his right to introduce evidence after an overruled motion to strike.
Amendment History
Code 1950, § 8-122.1; 1954, c. 605; 1977, c. 617; 2005, c. 681.
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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