Legal Question in Civil Litigation in Virginia

Re: Motion to Amend Complaint/Demurrer Time Limit to File per Rules of Supreme C

A demurrer tests the legal sufficiency of the pleading, assuming all the facts stated to be true. If your facts fail to state a defined cause of action in Virginia, your pleading (and case) will be dismissed. A demurrer can be filed at any time, unless it is the only pleading filed in a case in the Circuit Court in which it must be filed within 21 days of service of the initial pleading.

A court will ordinarily grant a motion to amend the pleadings if you're up on your first demurrer as a matter of course. So wait and see whether the demurrer will be granted, and if it is, ask for some time in which to amend your pleading. three or four weeks is a usual amount of time, though i've gotten orders allowing only ten days. When you file your amended pleading, make sure it's in proper form (especially noting the distinctions and differences between suits in equity and actions at law) and that each count states exactly one cause of action, and that facts supporting every element of every cause of action are alleged.

By the way, this is fairly technical stuff, and I see experienced litigators botch it fairly regularly. I keep whole sets of books dating back into the early 1800's on nothing but pleading. You might ought to get a lawyer.