12.4 Joinder of Claims—legal and Equitable

• Library: Virginia Law and Practice: A Handbook for Attorneys (Virginia CLE) (2020 Ed.)

12.4 JOINDER OF CLAIMS—LEGAL AND EQUITABLE

Va. Code § 8.01-272 allows a party in any civil action to plead as many matters, whether of law or fact, in the same complaint so long as the claims arise out of the same transaction or occurrence. ¹⁶

Va. Code § 8.01-272 specifically addresses the joinder of claims in a single lawsuit. Under the statute, a plaintiff may join multiple claims in the same proceeding (including those, like tort and contract claims, which he or

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she previously could not join) as long as they "arise out of the same transaction or occurrence." ¹⁷

Rule 1:4(k) further confirms that a party "may plead alternative facts and theories of recovery . . . provided that such claims . . . arise out of the same transaction or occurrence." If this condition is satisfied, a party "may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or equitable grounds." ¹⁸

Va. Code § 8.01-281 provides that a party asserting a claim, counterclaim, cross claim, or third-party claim or defense may plead alternative facts and theories of recovery against alternative parties as long as the claims, defenses, or demands for relief arise out of the same transaction or occurrence.

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Notes:

^[16] See Fox v. Deese, 234 Va. 412, 362 S.E.2d 699 (19...