{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/48-9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/48-9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/48-9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/48-9.html"}],"law_id":65523,"edition_id":1,"section_id":65523,"structure_id":14518,"section_number":"48-9","catch_line":"When case to be tried; dismissal; substitution of complainant; costs","history":"Code 1919, \u00a7 1523; 2005, cc. 764, 813.","full_text":"The suit when ready for hearing shall be tried at the first term of court, unless good cause for a continuance shall be shown, and in such suit oral evidence given in court of the general reputation of the place or criminal street gang as defined in \u00a7 18.2-46.1 shall be admissible for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the Commonwealth, or the Attorney General of the Commonwealth, in writing or in open court. In any case, if the court is of the opinion that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute it to judgment; and if the suit is continued more than one term of court, any citizen or the attorney for the Commonwealth may be substituted for the complaining party and prosecute such suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.","order_by":null,"text":{"0":{"id":238231,"text":"The suit when ready for hearing shall be tried at the first term of court, unless good cause for a continuance shall be shown, and in such suit oral evidence given in court of the general reputation of the place or criminal street gang as defined in \u00a7 18.2-46.1 shall be admissible for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal approved by the attorney for the Commonwealth, or the Attorney General of the Commonwealth, in writing or in open court. In any case, if the court is of the opinion that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute it to judgment; and if the suit is continued more than one term of court, any citizen or the attorney for the Commonwealth may be substituted for the complaining party and prosecute such suit to judgment. If the suit is brought by a citizen, and the court finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14518,"edition_id":1,"name":"Houses of Prostitution, Etc.","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":14256,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":233121,"object_type":"structure","relational_id":14518,"identifier":"2","token":"48\/2","url":"\/48\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14256,"edition_id":1,"name":"Nuisances","identifier":"48","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:47:29","date_modified":"2026-06-26 03:47:29","permalink":{"id":233093,"object_type":"structure","relational_id":14256,"identifier":"48","token":"48","url":"\/48\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78959,"structure_id":14518,"section_number":"48-10","catch_line":"Contempt proceedings","url":"\/48-10\/","token":"48\/2\/48-10","metadata":false},{"id":66568,"structure_id":14518,"section_number":"48-11","catch_line":"Punishment for contempt","url":"\/48-11\/","token":"48\/2\/48-11","metadata":false},{"id":58204,"structure_id":14518,"section_number":"48-12","catch_line":"Order of abatement of nuisance; sale of furniture, etc.; closing of building","url":"\/48-12\/","token":"48\/2\/48-12","metadata":false},{"id":63164,"structure_id":14518,"section_number":"48-13","catch_line":"Disposition of proceeds of sale","url":"\/48-13\/","token":"48\/2\/48-13","metadata":false},{"id":55947,"structure_id":14518,"section_number":"48-14","catch_line":"When property to be delivered to owner on giving bond","url":"\/48-14\/","token":"48\/2\/48-14","metadata":false},{"id":62226,"structure_id":14518,"section_number":"48-15","catch_line":"Immunity to witnesses","url":"\/48-15\/","token":"48\/2\/48-15","metadata":false},{"id":82351,"structure_id":14518,"section_number":"48-16","catch_line":"Closure of nuisance involving illegal drug transactions","url":"\/48-16\/","token":"48\/2\/48-16","metadata":false},{"id":70861,"structure_id":14518,"section_number":"48-17","catch_line":"Enjoining nuisances involving illegal drug transactions","url":"\/48-17\/","token":"48\/2\/48-17","metadata":false},{"id":69419,"structure_id":14518,"section_number":"48-17.1","catch_line":"Temporary injunctions against alcoholic beverage sales","url":"\/48-17.1\/","token":"48\/2\/48-17.1","metadata":false},{"id":66210,"structure_id":14518,"section_number":"48-7","catch_line":"Houses and contents are nuisances subject to abatement","url":"\/48-7\/","token":"48\/2\/48-7","metadata":false},{"id":79030,"structure_id":14518,"section_number":"48-8","catch_line":"How nuisance enjoined","url":"\/48-8\/","token":"48\/2\/48-8","metadata":false},{"id":65523,"structure_id":14518,"section_number":"48-9","catch_line":"When case to be tried; dismissal; substitution of complainant; costs","url":"\/48-9\/","token":"48\/2\/48-9","metadata":false}],"previous_section":{"id":79030,"structure_id":14518,"section_number":"48-8","catch_line":"How nuisance enjoined","url":"\/48-8\/","token":"48\/2\/48-8","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/48-9\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2005, chapters 764<\/a> and 813<\/a>.<\/p>","references":false,"refers_to":[{"id":86583,"section_number":"18.2-46.1","catch_line":"Definitions","order_by":null,"url":"\/18.2-46.1\/"}],"permalink":{"id":233167,"object_type":"law","relational_id":65523,"identifier":"48-9","token":"48\/2\/48-9","url":"\/48-9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/48-9\/","token":"48\/2\/48-9","dublin_core":{"Title":"When case to be tried; dismissal; substitution of complainant; costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 48-9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The suit when ready for hearing<\/span> shall be tried at the first term of court<\/span>, unless good cause for a continuance<\/span> shall be shown, and in such suit oral evidence<\/span> given in court<\/span> of the general reputation of the place or criminal street gang as defined in \u00a7 18.2-46.1<\/a> shall be admissible<\/span> for the purpose of proving or tending to prove the existence of such nuisance. If the complaint is filed by a citizen it shall not be dismissed by him before final hearing<\/span>, except upon a sworn statement made by the complainant and his attorney, setting forth the reasons why the action should be dismissed, and the dismissal<\/span> approved by the attorney for the Commonwealth, or the Attorney General<\/span> of the Commonwealth, in writing or in open court<\/span>. In any case, if the court<\/span> is of the opinion<\/span> that the suit ought not to be dismissed, it may direct the attorney for the Commonwealth to prosecute<\/span> it to judgment<\/span>; and if the suit is continued more than one term of court<\/span>, any citizen or the attorney for the Commonwealth may be substituted for the complaining party<\/span> and prosecute<\/span> such suit to judgment<\/span>. If the suit is brought by a citizen, and the court<\/span> finds there was no reasonable ground or cause for said suit, the costs may be taxed against such citizen.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN CASE TO BE TRIED; DISMISSAL; SUBSTITUTION OF COMPLAINANT; COSTS (\u00a7 48-9)\n\nThe suit when ready for hearing shall be tried at the first term of court,\nunless good cause for a continuance shall be shown, and in such suit oral\nevidence given in court of the general reputation of the place or criminal\nstreet gang as defined in \u00a7 18.2-46.1 shall be admissible for the purpose of\nproving or tending to prove the existence of such nuisance. If the complaint is\nfiled by a citizen it shall not be dismissed by him before final hearing, except\nupon a sworn statement made by the complainant and his attorney, setting forth\nthe reasons why the action should be dismissed, and the dismissal approved by\nthe attorney for the Commonwealth, or the Attorney General of the Commonwealth,\nin writing or in open court. In any case, if the court is of the opinion that\nthe suit ought not to be dismissed, it may direct the attorney for the\nCommonwealth to prosecute it to judgment; and if the suit is continued more than\none term of court, any citizen or the attorney for the Commonwealth may be\nsubstituted for the complaining party and prosecute such suit to judgment. If\nthe suit is brought by a citizen, and the court finds there was no reasonable\nground or cause for said suit, the costs may be taxed against such citizen.\n\nHISTORY: Code 1919, \u00a7 1523; 2005, cc. 764, 813.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}