CHAPTER 608

An Act to amend and reenact § 8-239 of the Code of Virginia and to
amend the Code of Virginia by adding thereto sections numbered
8-289.1 and 8-239.2, all relating to payment, set-off and counterclaim
so as to conform proceedings therein to Rules of Court.
Be it enacted by the General Assembly of Virginia:

1. That § 8-239 of the Code of Virginia be amended and reenacted, and
that the Code of Virginia be amended by adding thereto sections num-
bered 8-239.1 and 8-239.2, as follows:

§ 8-239. * The right of litigants to setoff mutually existing claims
and demands in a single action is hereby recognized, and in actions al
law in courts of record, a defendant may counterclaim against the plain-
luff or cross-claim against another defendant to the extent permitted and
in the manner prescribed, by the applicable Rules of Court adopted from
time to time by the Supreme Court of Appeals.

§ 8-239.1. In any proceeding before a trial justice a defendant may
at his option, at any time before trial, plead in writing as a counterclaim,
any cause of action at law for a money judgment in personam, or any
matter which would entitle him to relief in equity in the nature of dam-
ages, that he has against the plaintiff or all plaintiffs jointly, whether or
not it grows out of any transaction mentioned in the warrant or notice
of motion for judgment, whether or not it is for liquidated damages,
whether or not it is in tort or contract, and whether or not the amount
demanded exceeds the amount claimed by the plantiff in the warrant or
notice of motion for judgment; provided, however, that no such counter-
claim shall be filed or heard when the amount claimed therein exceeds
the amount within the jurisdiction of such justice.

Upon the request of the respective parties, bills of particulars and
grounds of defense may be ordered in the discretion of the trial justice,
to insure a fair trial on the merits of the issue presented. The trial justice
may in his discretion, hear the counterclaim together with the original
case, or may order and hold a separate hearing of any cause of action
asserted in a counterclaim. In either event he shall render such final
judgment on the whole case as the law and the evidence require.

§ 8-289.2. Subject to the jurisdictional limitations prescribed by
law, in any proceeding before a trial justice a defendant may, at his
option, at any time before trial, plead in writing as a cross-claim any
cause of action that he has against one or more defendants growing out
of any matter pleaded in the plaintiff's warrant or notice or motion for
judgment. The trial justice in his discretion may order and hold a sepa-
rate hearing upon any cause of action asserted in a cross-claim.