8.01-335 - Certain cases struck from dockets after certain period; reinstatement.
§ 8.01-335. Certain cases struck from dockets after certain period;reinstatement.
A. Except as provided in subsection C, any court in which is pending anaction, wherein for more than two years there has been no order orproceeding, except to continue it, may, in its discretion, order it to bestruck from its docket and the action shall thereby be discontinued. However,no case shall be discontinued if either party requests that it be continued.The court shall thereafter enter a pretrial order pursuant to Rule 4:13controlling the subsequent course of the case to ensure a timely resolutionof that case. If the court thereafter finds that the case has not been timelyprosecuted pursuant to its pretrial order, it may strike the case from itsdocket. The clerk of the court shall notify the parties in interest if known,or their counsel of record at his last known address, at least fifteen daysbefore the entry of such order of discontinuance so that all parties may havean opportunity to be heard on it. Any case discontinued under the provisionsof this subsection may be reinstated, on motion, after notice to the partiesin interest if known or their counsel of record, within one year from thedate of such order but not after.
B. Any court in which is pending a case wherein for more than three yearsthere has been no order or proceeding, except to continue it, may, in itsdiscretion, order it to be struck from its docket and the action shallthereby be discontinued. The court may dismiss cases under this subsectionwithout any notice to the parties. The clerk shall provide the parties with acopy of the final order discontinuing or dismissing the case. Any casediscontinued or dismissed under the provisions of this subsection may bereinstated, on motion, after notice to the parties in interest, if known, ortheir counsel of record within one year from the date of such order but notafter.
C. If a civil action is pending in a circuit court on appeal from a generaldistrict court and (i) an appeal bond has been furnished by or on behalf ofany party against whom judgment has been rendered for money or property and(ii) for more than one year there has been no order or proceeding, except tocontinue the matter, the action may, upon notice to the parties in accordancewith subsection A, be dismissed and struck from the docket of the court. Upondismissal pursuant to this subsection, the judgment of the general districtcourt shall stand and the appeal bond shall be forfeited after application ofany funds needed to satisfy the judgment.
D. Any court in which is pending a case wherein process has not been servedwithin one year of the commencement of the case may, in its discretion, orderit to be struck from the docket, and the action shall thereby bediscontinued. The clerk of the court shall notify the plaintiff or hiscounsel of record at his last known address at least 30 days before the entryof an order of discontinuance so that the plaintiff may have an opportunityto show that service has been timely effected on the defendant or that duediligence has been exercised to have service timely effected on thedefendant. Upon finding that service has been timely effected or that duediligence has been exercised to have service timely effected, the court shallmaintain the action on the docket and, if service has not been timelyeffected but due diligence to effect service has been exercised, shallrequire the plaintiff to attempt service in any manner permitted underChapter 8 (§ 8.01-285 et seq.) of this title. Nothing herein shall preventthe plaintiff from filing a nonsuit under § 8.01-380 before the entry of adiscontinuance order pursuant to the provisions of this subsection. Nothingin this subsection shall apply to asbestos litigation.
(Code 1950, § 8-154; 1954, c. 621; 1977, c. 617; 1990, c. 730; 1992, cc. 532,792, 803, 835; 1994, c. 517; 1997, c. 680; 1999, c. 652; 2007, c. 498.)