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Nov 08

Nonsuit in Virginia Civil Trials

Richard G. Moore

The voluntary nonsuit is a potent weapon in the arsenal of a Virginia litigant, primarily the plaintiff, and it has been recognized by common law and statute for hundreds of years. Nevertheless, the Virginia nonsuit statute has long been controversial and the subject of sharp debate. While it has been modified through the imposition of several conditions to give some degree of balance to the exercise of an otherwise unfettered right to non-suit, it is still in need of revamping. This article discusses the reasons why nonsuit, in its present form, despite prior statutory amendments, has become an insupportable anachronism and unduly burdensome to both defendants and the judicial system. I hope that this article will stimulate discussion, and provide an impetus for the Virginia General Assembly to correct the inefficiencies and inequities plaguing the current nonsuit procedures.

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Moore 481