9.13 Pretrial Motions

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

9.13 PRETRIAL MOTIONS

Rule 3A:9(a) of the Rules of the Supreme Court of Virginia abolishes archaic procedural forms of raising defenses and objections before trial and substitutes for them the motion to dismiss and the motion for appropriate relief. In addition, the rule eliminates the needless and confusing distinctions among the plea in abatement, plea in bar, demurrer, and motion to quash, so that the practitioner easily can determine which of these defenses and objections should be invoked and at what time in the proceedings. Although the Virginia Code retains such terms as "pleas in bar" and "pleas in abatement," ⁵³⁰ the rule specifically states: "Defenses and objections made before trial that heretofore could have been made by other pleas or by demurrers and motions to quash shall be made only by motion to...