Rule 3:9.Counterclaims.

A defendant isn’t limited to defending — this rule lets a defendant plead any cause of action against the plaintiff, or against all plaintiffs jointly, as a counterclaim. It doesn’t matter whether the counterclaim grows out of the same transaction as the complaint, whether the damages are liquidated, whether the claim sounds in tort or contract, or whether the amount claimed exceeds what the complaint demands.

Timing follows the same structure as an initial response. Subject to Rule 1:9, a counterclaim is generally due within 21 days after service of the summons and complaint, or within 60 days after a timely waiver request under Code § 8.01-286.1 (90 days if the defendant was addressed outside Virginia). But if the defendant files a demurrer, plea, motion to dismiss, or motion for a bill of particulars within that initial period, the counterclaim deadline shifts: the defendant then has until 21 days after the court rules on all those motions, demurrers, and pleas, or whatever other time the court sets.

Once a counterclaim is filed, the plaintiff has 21 days from service to respond to it. And regardless of how the counterclaim was pleaded, the court retains discretion to order it tried separately from the rest of the case.