Full question:
Are consumer finance companies affected by the new law change to Virginia Code 8.01-38 or are there exceptions?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: National
Answer:
Exceptions are typically defined within the statute. Virginia Code § 8.01-380 outlines the rules regarding nonsuits, which are dismissals of legal actions. Here are the key points:
A. A party may not take a nonsuit after a motion to strike evidence has been sustained, or after the jury has retired or the case has been submitted to the court. After a nonsuit, a new proceeding on the same cause of action against the same party can only occur in the original court unless there is a jurisdiction issue or good cause for a different venue.
B. A party is allowed only one nonsuit as a matter of right. The court may permit additional nonsuits with notice to all defendants and may assess costs against the nonsuiting party.
C. If a party gives notice of a nonsuit within seven days of trial, the court may require them to pay reasonable witness fees and travel costs incurred by the opposing party.
D. A party cannot take a nonsuit if the opposing party has filed a counterclaim, cross claim, or third-party claim related to the same transaction, unless those claims can be adjudicated separately.
(Code 1950, §§ 8-220, 8-244; 1954, cc. 333, 611; 1977, c. 617; 1983, c. 404; 1991, c. 19; 2001, c. 825; 2004, c. 362; 2007, cc. 179, 367.)
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
