{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-335.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-335.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-335.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-335.html"}],"law_id":81821,"edition_id":1,"section_id":81821,"structure_id":15252,"section_number":"8.01-335","catch_line":"Certain cases struck from dockets after certain period; reinstatement","history":"Code 1950, \u00a7 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.","full_text":"A\n\nExcept as provided in subsection C, any court in which is pending an action, wherein for more than two years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck 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 4:13 controlling the subsequent course of the case to ensure a timely resolution of that case. If the court thereafter finds that the case has not been timely prosecuted pursuant to its pretrial order, it may strike the case from its docket. 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 days before the entry of such order of discontinuance so that all parties may have an opportunity to be heard on it. Any case discontinued under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest if known or their counsel of record, within one year from the date of such order but not after.B\n\nAny court in which is pending a case wherein for more than three years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck from its docket and the action shall thereby be discontinued. The court may dismiss cases under this subsection without any notice to the parties. The clerk shall provide the parties with a copy of the final order discontinuing or dismissing the case. Any case discontinued or dismissed under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest, if known, or their counsel of record within one year from the date of such order but not after.C\n\nIf a civil action is pending in a circuit court on appeal from a general district court and (i) an appeal bond has been furnished by or on behalf of any 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 to continue the matter, the action may, upon notice to the parties in accordance with subsection A, be dismissed and struck from the docket of the court. Upon dismissal pursuant to this subsection, the judgment of the general district court shall stand and the appeal bond shall be forfeited after application of any funds needed to satisfy the judgment.D\n\nAny court in which is pending a case wherein process has not been served within one year of the commencement of the case may, in its discretion, order it to be struck from the docket, and the action shall thereby be discontinued. The clerk of the court shall notify the plaintiff or his counsel of record at his last known address at least 30 days before the entry of an order of discontinuance so that the plaintiff may have an opportunity to show that service has been timely effected on the defendant or that due diligence has been exercised to have service timely effected on the defendant. Upon finding that service has been timely effected or that due diligence has been exercised to have service timely effected, the court shall maintain the action on the docket and, if service has not been timely effected but due diligence to effect service has been exercised, shall require the plaintiff to attempt service in any manner permitted under Chapter 8 (§ 8.01-285 et seq.) of this title. Nothing herein shall prevent the plaintiff from filing a nonsuit under § 8.01-380 before the entry of a discontinuance order pursuant to the provisions of this subsection. Nothing in this subsection shall apply to asbestos litigation.","order_by":null,"text":{"0":{"id":293144,"text":"Except as provided in subsection C, any court in which is pending an action, wherein for more than two years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck 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 4:13 controlling the subsequent course of the case to ensure a timely resolution of that case. If the court thereafter finds that the case has not been timely prosecuted pursuant to its pretrial order, it may strike the case from its docket. 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 days before the entry of such order of discontinuance so that all parties may have an opportunity to be heard on it. Any case discontinued under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest if known or their counsel of record, within one year from the date of such order but not after.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":293145,"text":"Any court in which is pending a case wherein for more than three years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck from its docket and the action shall thereby be discontinued. The court may dismiss cases under this subsection without any notice to the parties. The clerk shall provide the parties with a copy of the final order discontinuing or dismissing the case. Any case discontinued or dismissed under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest, if known, or their counsel of record within one year from the date of such order but not after.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":293146,"text":"If a civil action is pending in a circuit court on appeal from a general district court and (i) an appeal bond has been furnished by or on behalf of any 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 to continue the matter, the action may, upon notice to the parties in accordance with subsection A, be dismissed and struck from the docket of the court. Upon dismissal pursuant to this subsection, the judgment of the general district court shall stand and the appeal bond shall be forfeited after application of any funds needed to satisfy the judgment.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":293147,"text":"Any court in which is pending a case wherein process has not been served within one year of the commencement of the case may, in its discretion, order it to be struck from the docket, and the action shall thereby be discontinued. The clerk of the court shall notify the plaintiff or his counsel of record at his last known address at least 30 days before the entry of an order of discontinuance so that the plaintiff may have an opportunity to show that service has been timely effected on the defendant or that due diligence has been exercised to have service timely effected on the defendant. Upon finding that service has been timely effected or that due diligence has been exercised to have service timely effected, the court shall maintain the action on the docket and, if service has not been timely effected but due diligence to effect service has been exercised, shall require the plaintiff to attempt service in any manner permitted under Chapter 8 (§ 8.01-285 et seq.) of this title. Nothing herein shall prevent the plaintiff from filing a nonsuit under § 8.01-380 before the entry of a discontinuance order pursuant to the provisions of this subsection. Nothing in this subsection shall apply to asbestos litigation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15252,"edition_id":1,"name":"Dockets","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:53:19","date_modified":"2026-06-26 03:53:19","permalink":{"id":277065,"object_type":"structure","relational_id":15252,"identifier":"10","token":"8.01\/10","url":"\/8.01\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74301,"structure_id":15252,"section_number":"8.01-331","catch_line":"Entry of cases on current dockets","url":"\/8.01-331\/","token":"8.01\/10\/8.01-331","metadata":false},{"id":77221,"structure_id":15252,"section_number":"8.01-332","catch_line":"Calling current docket","url":"\/8.01-332\/","token":"8.01\/10\/8.01-332","metadata":false},{"id":84431,"structure_id":15252,"section_number":"8.01-333","catch_line":"Reserved","url":"\/8.01-333\/","token":"8.01\/10\/8.01-333","metadata":false},{"id":58053,"structure_id":15252,"section_number":"8.01-334","catch_line":"Repealed","url":"\/8.01-334\/","token":"8.01\/10\/8.01-334","metadata":false},{"id":81821,"structure_id":15252,"section_number":"8.01-335","catch_line":"Certain cases struck from dockets after certain period; reinstatement","url":"\/8.01-335\/","token":"8.01\/10\/8.01-335","metadata":false}],"previous_section":{"id":58053,"structure_id":15252,"section_number":"8.01-334","catch_line":"Repealed","url":"\/8.01-334\/","token":"8.01\/10\/8.01-334","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-335\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 8 times. 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. Those modifications are as follows: in 1954, chapter 621; in 1977, chapter 617; in 1990, chapter 730; in 1992, chapters 532, 792, 803, and 835; in 1994, chapter 517<\/a>; in 1997, chapter 680<\/a>; in 1999, chapter 652<\/a>; in 2007, chapter 498<\/a>.<\/p>","references":[{"id":68420,"section_number":"16.1-69.55","catch_line":"Retention of case records; limitations on enforcement of judgments; extensions","order_by":null,"url":"\/16.1-69.55\/"},{"id":82793,"section_number":"17.1-213","catch_line":"Disposition of papers in ended cases","order_by":null,"url":"\/17.1-213\/"}],"refers_to":[{"id":65534,"section_number":"8.01-285","catch_line":"Definition of certain terms used in this chapter; process, return, statutory agent","order_by":null,"url":"\/8.01-285\/"},{"id":55779,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","order_by":null,"url":"\/8.01-380\/"}],"permalink":{"id":277083,"object_type":"law","relational_id":81821,"identifier":"8.01-335","token":"8.01\/10\/8.01-335","url":"\/8.01-335\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-335\/","token":"8.01\/10\/8.01-335","dublin_core":{"Title":"Certain cases struck from dockets after certain period; reinstatement","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-335","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as provided in subsection C, any court<\/span> in which is pending an action<\/span>, wherein for more than two years there has been no order<\/span> or proceeding, except to continue it, may, in its discretion, order<\/span> it to be struck from its docket<\/span> and the action<\/span> shall thereby be discontinued. However, no case shall be discontinued if either party<\/span> requests that it be continued. The court<\/span> shall thereafter enter a pretrial order<\/span> pursuant to Rule 4:13 controlling the subsequent course of the case to ensure a timely resolution of that case. If the court<\/span> thereafter finds that the case has not been timely prosecuted pursuant to its pretrial order<\/span>, it may strike the case from its docket<\/span>. The clerk of the court<\/span> shall notify the parties in interest if known, or their counsel<\/span> of record at his last known address, at least fifteen days before the entry of such order<\/span> of discontinuance so that all parties may have an opportunity to be heard on it. Any case discontinued under the provisions of this subsection may be reinstated, on motion<\/span>, after notice to the parties in interest if known or their counsel<\/span> of record, within one year from the date of such order<\/span> but not after. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any court<\/span> in which is pending a case wherein for more than three years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck from its docket<\/span> and the action<\/span> shall thereby be discontinued. The court<\/span> may dismiss cases under this subsection without any notice to the parties. The clerk shall provide the parties with a copy of the final order<\/span> discontinuing or dismissing the case. Any case discontinued or dismissed under the provisions of this subsection may be reinstated, on motion<\/span>, after notice to the parties in interest, if known, or their counsel<\/span> of record within one year from the date of such order but not after. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a civil action<\/span> is pending in a circuit<\/span> court<\/span> on appeal<\/span> from a general district court<\/span> and (i) an appeal<\/span> bond<\/span> has been furnished by or on behalf of any party<\/span> against whom judgment<\/span> has been rendered for money or property and (ii) for more than one year there has been no order or proceeding, except to continue the matter, the action may, upon notice to the parties in accordance with subsection A, be dismissed and struck from the docket<\/span> of the court<\/span>. Upon dismissal<\/span> pursuant to this subsection, the judgment<\/span> of the general district court<\/span> shall stand and the appeal<\/span> bond<\/span> shall be forfeited after application of any funds needed to satisfy the judgment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any court<\/span> in which is pending a case wherein process has not been served within one year of the commencement of the case may, in its discretion, order it to be struck from the docket<\/span>, and the action shall thereby be discontinued. The clerk of the court<\/span> shall notify the plaintiff<\/span> or his counsel<\/span> of record at his last known address at least 30 days before the entry of an order of discontinuance so that the plaintiff<\/span> may have an opportunity to show that service has been timely effected on the defendant<\/span> or that due diligence has been exercised to have service timely effected on the defendant<\/span>. Upon finding<\/span> that service has been timely effected or that due diligence has been exercised to have service timely effected, the court<\/span> shall maintain the action on the docket<\/span> and, if service has not been timely effected but due diligence to effect service has been exercised, shall require the plaintiff<\/span> to attempt service in any manner permitted under Chapter 8 (§ 8.01-285<\/a> et seq.) of this title. Nothing herein shall prevent the plaintiff<\/span> from filing a nonsuit<\/span> under § 8.01-380<\/a> before the entry of a discontinuance order pursuant to the provisions of this subsection. Nothing in this subsection shall apply to asbestos litigation<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCERTAIN CASES STRUCK FROM DOCKETS AFTER CERTAIN PERIOD; REINSTATEMENT (\u00a7\n8.01-335)\n\nA. Except as provided in subsection C, any court in which is pending an action,\nwherein for more than two years there has been no order or proceeding, except to\ncontinue it, may, in its discretion, order it to be struck from its docket and\nthe action shall thereby be discontinued. However, no case shall be discontinued\nif either party requests that it be continued. The court shall thereafter enter\na pretrial order pursuant to Rule 4:13 controlling the subsequent course of the\ncase to ensure a timely resolution of that case. If the court thereafter finds\nthat the case has not been timely prosecuted pursuant to its pretrial order, it\nmay strike the case from its docket. The clerk of the court shall notify the\nparties in interest if known, or their counsel of record at his last known\naddress, at least fifteen days before the entry of such order of discontinuance\nso that all parties may have an opportunity to be heard on it. Any case\ndiscontinued under the provisions of this subsection may be reinstated, on\nmotion, after notice to the parties in interest if known or their counsel of\nrecord, within one year from the date of such order but not after.\n\nB. Any court in which is pending a case wherein for more than three years there\nhas been no order or proceeding, except to continue it, may, in its discretion,\norder it to be struck from its docket and the action shall thereby be\ndiscontinued. The court may dismiss cases under this subsection without any\nnotice to the parties. The clerk shall provide the parties with a copy of the\nfinal order discontinuing or dismissing the case. Any case discontinued or\ndismissed under the provisions of this subsection may be reinstated, on motion,\nafter notice to the parties in interest, if known, or their counsel of record\nwithin one year from the date of such order but not after.\n\nC. If a civil action is pending in a circuit court on appeal from a general\ndistrict court and (i) an appeal bond has been furnished by or on behalf of any\nparty against whom judgment has been rendered for money or property and (ii) for\nmore than one year there has been no order or proceeding, except to continue the\nmatter, the action may, upon notice to the parties in accordance with subsection\nA, be dismissed and struck from the docket of the court. Upon dismissal pursuant\nto this subsection, the judgment of the general district court shall stand and\nthe appeal bond shall be forfeited after application of any funds needed to\nsatisfy the judgment.\n\nD. Any court in which is pending a case wherein process has not been served\nwithin one year of the commencement of the case may, in its discretion, order it\nto be struck from the docket, and the action shall thereby be discontinued. The\nclerk of the court shall notify the plaintiff or his counsel of record at his\nlast known address at least 30 days before the entry of an order of\ndiscontinuance so that the plaintiff may have an opportunity to show that\nservice has been timely effected on the defendant or that due diligence has been\nexercised to have service timely effected on the defendant. Upon finding that\nservice has been timely effected or that due diligence has been exercised to\nhave service timely effected, the court shall maintain the action on the docket\nand, if service has not been timely effected but due diligence to effect service\nhas been exercised, shall require the plaintiff to attempt service in any manner\npermitted under Chapter 8 (§ 8.01-285 et seq.) of this title. Nothing\nherein shall prevent the plaintiff from filing a nonsuit under § 8.01-380\nbefore the entry of a discontinuance order pursuant to the provisions of this\nsubsection. Nothing in this subsection shall apply to asbestos litigation.\n\nHISTORY: Code 1950, \u00a7 8-154; 1954, c. 621; 1977, c. 617; 1990, c. 730; 1992,\ncc. 532, 792, 803, 835; 1994, c. 517; 1997, c. 680; 1999, c. 652; 2007, c. 498.","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}}