Va. Code » Title 8.01. Civil Remedies and Procedure » Chapter 7. Civil Actions; Commencement, Pleadings, and Motions » Article 2. Pleadings Generally
Virginia Code

Va. Code Ann. § 8.01-272 (2026)

Pleading several matters; joining tort and contract claims; separate trial in discretion of court; counterclaims

✓ current as of May 2026
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In any civil action, a party may plead as many matters, whether of law or fact, as he shall think necessary. A party may join a claim in tort with one in contract provided that all claims so joined arise out of the same transaction or occurrence. The court, in its discretion, may order a separate trial for any claim. Any counterclaim shall be governed by the Rules of the Supreme Court of Virginia.

Code 1950, § 8-134; 1954, c. 333; 1977, c. 617; 1979, c. 367; 2005, c. 681.

Notes of Decisions
Cited in 58 cases (4 in the last 5 years), 1978–2026 · leading case: Funny Guy, LLC v. Lecego, LLC, 795 S.E.2d 887 (Va. 2017).
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Funny Guy, LLC v. Lecego, LLC, 795 S.E.2d 887 (Va. 2017). · cites it 28× “In Virginia, that procedural limitation disappeared with the enactment of Code §§ 8.01-272 and 8.01-281, which allow plaintiffs to join tort and contract claims and to plead alternative theories of recovery.”
Davis v. Marshall Homes, Inc., 576 S.E.2d 504 (Va. 2003). · cites it 22× “" Both concepts, "definable factual transaction" and "same transaction or occurrence," advance public policies embracing judicial economy, ending litigation, providing certainty in legal relationships, and preventing party harassment.”
Wright v. Eli Lilly & Co., 66 Va. Cir. 195 (Portsmouth Cir. Ct. 2004). · cites it 42× “The Court must also decide whether there is misjoinder of causes of action or claims (as distinguished from parties), analyzing the preconditions to joinder of causes of action or claims set out in Va. Code §§ 8.01-272, 8.01-281(A) and Va.”
Fox v. Deese, 362 S.E.2d 699 (Va. 1987). · cites it 6× “01-272 provides in pertinent part: In any civil action, a party may plead as many matters, whether of law or fact, as he shall think necessary. A party may join a claim in tort with one in contract provided that all claims so joined arise out of the same transaction or…”
Kamlar Corp. v. Haley, 299 S.E.2d 514 (Va. 1983). · cites it 4× “) Since no election between tort and contract is now required, a plaintiff seeking punitive damages should allege a wilful, independent tort in a count separate from that which alleges a breach of contract.”
Antisdel v. Ashby, 688 S.E.2d 163 (Va. 2010). · cites it 4× “Antisdel argues that a contrary position would deny an administrator the right to assert claims in the alternative, which expressly is permitted by Code §§ 8.01-272 and -281, and would thereby prematurely force an administrator to an election of remedies.”
Long & Foster Real Est., Inc. v. NRT Mid-Atl., Inc., 357 F. Supp. 2d 911 (E.D. Va. 2005). · cites it 7× “" Va.Code § 8.01-272 (emphasis added). 4 . Rule l:4(k) states that "[a] party asserting either a claim, counterclaim, cross-claim, or third-party claim or a defense may plead alternative facts and theories of recovery against alternative parties, provided that such claims,…”
Mitchem v. Counts, 523 S.E.2d 246 (Va. 2000). · cites it 4× “2d 453, 456 (1995); see Code § 8.01-272; Rule 1:4(k); Fox v. Deese, 234 Va.”
Goodstein v. Weinberg, 245 S.E.2d 140 (Va. 1978). · cites it 4× “The final argument of Associates, one which was first raised at bar on oral argüment, is that Code § 8.01-272, which now permits the joinder of actions in tort and contract where those claims arose out of the same transaction or occurrence, should be applied by us in this case.”
A & E Supply Co. v. Nationwide Mut. Fire Ins., 612 F. Supp. 760 (W.D. Va. 1985). · cites it 6× “Kamlar specifically recognized that since the law no longer required an election between tort and contract, a plaintiff seeking punitive damages in a breach of contract action could support the punitive damages claim by alleging a “wilful, independent tort.”
Powers v. Cherin, 452 S.E.2d 666 (Va. 1995). · cites it 5× “She says that a “plaintiff may plead as many matters as she deems necessary and may join a claim in tort with one in contract, provided that all claims arise out of the same transaction or occurrence,” citing Code § 8.01-272. Relying on Fox v. Deese, 234 Va.”
Allstate Ins. v. Wade, 579 S.E.2d 180 (Va. 2003). · cites it 2× “DeGarmo also asserts that the evidence was insufficient to support an award of punitive damages. Bifurcation Trial courts have the inherent authority to consolidate claims for trial and have been given specific authority to order separate trials in certain circumstances.”
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