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1995 SESSION
LD6477613Be it enacted by the General Assembly of Virginia:
1. That § 8.01-380 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-380. Dismissal of action by nonsuit.
A. A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision. After a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken, unless that court is without jurisdiction, or not a proper venue, or other good cause is shown for proceeding in another court, or when such new proceeding is instituted in a federal court. If after a nonsuit an improper venue is chosen, the court shall not dismiss the matter but shall transfer it to the proper venue upon motion of any party.
B. Only one nonsuit may be taken to a cause of action or against the same
party to the proceeding, as a matter of right, although the court may allow
additional nonsuits or counsel may stipulate to additional nonsuits.
The court, in the event additional nonsuits are allowed, may assess
costs and reasonable attorney's fees against the nonsuiting party.
C. A party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim, or third-party claim can remain pending for independent adjudication by the court.
D. If a nonsuit is taken at any time after the plaintiff has rested its case in chief, or if a second or other additional nonsuit is allowed, the court shall assess costs and reasonable attorney fees against the nonsuiting party.