Responding to new matter. — If a pleading, motion or affirmative defense sets up new matter and contains words expressly requesting a reply, the adverse party must within 21 days file a reply admitting or denying such new matter. If it does not contain such words, the allegation of new matter will be taken as denied or avoided without further pleading. All allegations contained in a reply will be taken as denied or avoided without further pleading.
Rule 3:11.Reply.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceRequires a party to file a reply within 21 days admitting or denying new matter only when the opposing pleading, motion, or affirmative defense expressly asks for one, and treats new matter and reply allegations as denied or avoided by default otherwise.
Full Text of Rule 3:11
Plain-English Summary
A reply isn’t automatic in a Virginia civil action. It’s triggered only when a pleading, motion, or affirmative defense raises new matter and expressly asks for a reply. When that request is made, the adverse party has 21 days to file a reply admitting or denying the new matter.
Without that express request, nothing more is required — the new matter is treated as denied or avoided without any further pleading. And if a reply is filed, everything in it is likewise treated as denied or avoided without a further pleading in response, so the exchange of pleadings on that new matter stops there.
Frequently Asked Questions
When does a party have to file a reply in a Virginia civil case?
Only when a pleading, motion, or affirmative defense sets up new matter and expressly requests a reply. In that situation, the adverse party has 21 days to file one admitting or denying the new matter.
What happens if new matter is raised but no reply is requested?
The new matter is taken as denied or avoided without any further pleading being required.
Does the other side have to respond to a reply once one is filed?
No. All allegations contained in a reply are taken as denied or avoided without further pleading.
What counts as “new matter” that could trigger a reply?
New matter raised in a pleading, motion, or affirmative defense — something beyond a simple denial of the claims already in the case.
Is there a deadline for filing a requested reply?
Yes, 21 days from when the pleading, motion, or affirmative defense containing the request and the new matter is filed.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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