SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
966926296Be 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
(i) before a motion to strike the evidence has been sustained or
; (ii) before the jury retires from the bar or
; (iii) before the action has been submitted to the court for
decision; or (iv) as to a party who has not been served with
process, within one year after the commencement of the
action. 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.