8.01-281 - Pleading in alternative; separate trial on motion of party.
§ 8.01-281. Pleading in alternative; separate trial on motion of party.
A. A party asserting either a claim, counterclaim, cross-claim, orthird-party claim or a defense may plead alternative facts and theories ofrecovery against alternative parties, provided that such claims, defenses, ordemands for relief so joined arise out of the same transaction or occurrence.Such claim, counterclaim, cross-claim, or third-party claim may be forcontribution, indemnity, subrogation, or contract, express or implied; it maybe based on future potential liability, and it shall be no defense theretothat the party asserting such claim, counterclaim, cross-claim, orthird-party claim has made no payment or otherwise discharged any claim as tohim arising out of the transaction or occurrence.
B. The court may, upon motion of any party, order a separate trial of anyclaim, counterclaim, cross-claim, or third-party claim, and of any separateissue or of any number of such claims; however, in any action wherein adefendant files a third-party motion for judgment alleging that damages tothe person or property of the plaintiff were caused by the negligence of thethird-party defendant in the operation of a motor vehicle, the court shall,upon motion of the plaintiff made at least five days in advance of trial,order a separate trial of such third-party claim.
(Code 1950, § 8-96.1; 1974, c. 355; 1977, c. 617; 1981, c. 426; 1983, c. 183.)