Adjudication

Question 1

Nonsuit

Answer 1

How the plaintiff voluntarily drops the case.

At trial, Plaintiff decides to take a nonsuit. He has a right to do once without prejudice unless any of these is true:
1. the jury is retired from bar or
2. a nonjury case has been submitted to court for decision or
3. a motion to strike evidence is granted or
4. a demurrer or special plea is fully argued and awaiting decision.

Question 2

Nonsuit While Jury is Deliberating

Answer 2

If Plaintiff moves for nonsuit while the jury is deliberating, it must be denied.

Question 3

Refiling After Nonsuit

Answer 3

After taking a nonsuit, if a Plaintiff wants to refile, they must refile in the same court unless the court lacks jurisdiction or venue or unless good cause is shown to litigate elsewhere.

Question 4

Nonsuit as a Matter of Right

Answer 4

There is only ONE nonsuit as a matter of right.

Question 5

When to Refile After Nonsuit

Answer 5

Plaintiff should refile within 6 months or before the limitations period, whichever is longer.

Question 6

Default

Answer 6

A party is in default if he fails to respond to an affirmative pleading within the allowed time. The court enters default automatically.

Question 7

Conduct of Defendant at Hearing When Defendant Defaults

Answer 7

Defendant can appear and litigate damages but not liability.

Question 8

Summary Judgment

Answer 8

Virginia state courts use the same standard as in federal court: there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

Any party can move for SJ