{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-380.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-380.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-380.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-380.html"}],"law_id":55779,"edition_id":1,"section_id":55779,"structure_id":13009,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","history":"Code 1950, \u00a7\u00a7 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; 2013, cc. 274, 366; 2014, c. 86; 2022, c. 206.","full_text":"A\n\nA party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision. After a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken, unless that court is without jurisdiction, or not a proper venue, or other good cause is shown for proceeding in another court, or when such new proceeding is instituted in a federal court. If after a nonsuit an improper venue is chosen, the court shall not dismiss the matter but shall transfer it to the proper venue upon motion of any party.B\n\nOnly one nonsuit may be taken to a cause of action or against the same party to the proceeding, as a matter of right, although the court may allow additional nonsuits upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any party not represented by counsel, or counsel may stipulate to additional nonsuits. The court, in the event additional nonsuits are allowed, may assess costs and reasonable attorney fees against the nonsuiting party. When suffering a nonsuit, a party shall inform the court if the cause of action has been previously nonsuited. Any order effecting a subsequent nonsuit shall reflect all prior nonsuits and shall include language that reflects the date of any previous nonsuit together with the court in which any previous nonsuit was taken.C\n\nIf notice to take a nonsuit of right is given to the opposing party within seven days of trial or during trial, the court in its discretion may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure to give notice at least seven days prior to trial. The court shall have the authority to determine the reasonableness of expert witness fees and travel costs. Invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness without the need to offer testimony to support the authenticity or reasonableness of such documents, and may, in the court’s discretion, satisfy the reasonableness requirement under this subsection. Nothing herein shall preclude any party from offering additional evidence or testimony to support or rebut the reasonableness requirement.D\n\nA party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim or third-party claim can remain pending for independent adjudication by the court.E\n\nA voluntary nonsuit taken pursuant to this section is subject to the tolling provisions of subdivision E 3 of § 8.01-229.F\n\nUpon the timely perfection of an appeal from a judgment of a general district court, pursuant to § 16.1-106, a party may suffer a nonsuit as otherwise set forth in this section, and such nonsuit shall annul the judgment of the general district court.","order_by":null,"text":{"0":{"id":204365,"text":"A party shall not be allowed to suffer a nonsuit as to any cause of action or claim, or any other party to the proceeding, unless he does so before a motion to strike the evidence has been sustained or before the jury retires from the bar or before the action has been submitted to the court for decision. After a nonsuit no new proceeding on the same cause of action or against the same party shall be had in any court other than that in which the nonsuit was taken, unless that court is without jurisdiction, or not a proper venue, or other good cause is shown for proceeding in another court, or when such new proceeding is instituted in a federal court. If after a nonsuit an improper venue is chosen, the court shall not dismiss the matter but shall transfer it to the proper venue upon motion of any party.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":204366,"text":"Only one nonsuit may be taken to a cause of action or against the same party to the proceeding, as a matter of right, although the court may allow additional nonsuits upon reasonable notice to counsel of record for all defendants and upon a reasonable attempt to notify any party not represented by counsel, or counsel may stipulate to additional nonsuits. The court, in the event additional nonsuits are allowed, may assess costs and reasonable attorney fees against the nonsuiting party. When suffering a nonsuit, a party shall inform the court if the cause of action has been previously nonsuited. Any order effecting a subsequent nonsuit shall reflect all prior nonsuits and shall include language that reflects the date of any previous nonsuit together with the court in which any previous nonsuit was taken.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":204367,"text":"If notice to take a nonsuit of right is given to the opposing party within seven days of trial or during trial, the court in its discretion may assess against the nonsuiting party reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial, which are actually incurred by the opposing party, solely by reason of the failure to give notice at least seven days prior to trial. The court shall have the authority to determine the reasonableness of expert witness fees and travel costs. Invoices, receipts, or confirmation of payment shall be admissible to prove reasonableness without the need to offer testimony to support the authenticity or reasonableness of such documents, and may, in the court’s discretion, satisfy the reasonableness requirement under this subsection. Nothing herein shall preclude any party from offering additional evidence or testimony to support or rebut the reasonableness requirement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":204368,"text":"A party shall not be allowed to nonsuit a cause of action, without the consent of the adverse party who has filed a counterclaim, cross claim or third-party claim which arises out of the same transaction or occurrence as the claim of the party desiring to nonsuit unless the counterclaim, cross claim or third-party claim can remain pending for independent adjudication by the court.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":204369,"text":"A voluntary nonsuit taken pursuant to this section is subject to the tolling provisions of subdivision E 3 of § 8.01-229.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":204370,"text":"Upon the timely perfection of an appeal from a judgment of a general district court, pursuant to § 16.1-106, a party may suffer a nonsuit as otherwise set forth in this section, and such nonsuit shall annul the judgment of the general district court.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13009,"edition_id":1,"name":"Certain Incidents of Trial","identifier":"13","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:44:08","date_modified":"2026-06-26 03:44:08","permalink":{"id":277271,"object_type":"structure","relational_id":13009,"identifier":"13","token":"8.01\/13","url":"\/8.01\/13\/","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":86057,"structure_id":13009,"section_number":"8.01-374","catch_line":"Procedure when original papers in cause are lost","url":"\/8.01-374\/","token":"8.01\/13\/8.01-374","metadata":false},{"id":54081,"structure_id":13009,"section_number":"8.01-374.1","catch_line":"Consolidation or bifurcation of issues or claims in certain cases; appeal","url":"\/8.01-374.1\/","token":"8.01\/13\/8.01-374.1","metadata":false},{"id":61985,"structure_id":13009,"section_number":"8.01-375","catch_line":"Exclusion of witnesses in civil cases (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (b) of Supreme Court Rule 2:615 derived from this section)","url":"\/8.01-375\/","token":"8.01\/13\/8.01-375","metadata":false},{"id":56210,"structure_id":13009,"section_number":"8.01-376","catch_line":"Views by juries","url":"\/8.01-376\/","token":"8.01\/13\/8.01-376","metadata":false},{"id":59097,"structure_id":13009,"section_number":"8.01-377","catch_line":"Remedy when variance appears between evidence and allegations","url":"\/8.01-377\/","token":"8.01\/13\/8.01-377","metadata":false},{"id":70718,"structure_id":13009,"section_number":"8.01-377.1","catch_line":"Summary judgment","url":"\/8.01-377.1\/","token":"8.01\/13\/8.01-377.1","metadata":false},{"id":79085,"structure_id":13009,"section_number":"8.01-378","catch_line":"Trial judge not to direct verdicts","url":"\/8.01-378\/","token":"8.01\/13\/8.01-378","metadata":false},{"id":55581,"structure_id":13009,"section_number":"8.01-379","catch_line":"Argument before jury","url":"\/8.01-379\/","token":"8.01\/13\/8.01-379","metadata":false},{"id":61762,"structure_id":13009,"section_number":"8.01-379.1","catch_line":"Informing jury of amounts sued for","url":"\/8.01-379.1\/","token":"8.01\/13\/8.01-379.1","metadata":false},{"id":80344,"structure_id":13009,"section_number":"8.01-379.2","catch_line":"Jury instructions","url":"\/8.01-379.2\/","token":"8.01\/13\/8.01-379.2","metadata":false},{"id":62618,"structure_id":13009,"section_number":"8.01-379.2:1","catch_line":"Spoliation of evidence","url":"\/8.01-379.2_1\/","token":"8.01\/13\/8.01-379.2_1","metadata":false},{"id":78560,"structure_id":13009,"section_number":"8.01-379.3","catch_line":"General verdict accompanied by answer to interrogatories","url":"\/8.01-379.3\/","token":"8.01\/13\/8.01-379.3","metadata":false},{"id":55779,"structure_id":13009,"section_number":"8.01-380","catch_line":"Dismissal of action by nonsuit; fees and costs","url":"\/8.01-380\/","token":"8.01\/13\/8.01-380","metadata":false},{"id":71392,"structure_id":13009,"section_number":"8.01-381","catch_line":"What jury may carry out","url":"\/8.01-381\/","token":"8.01\/13\/8.01-381","metadata":false},{"id":63842,"structure_id":13009,"section_number":"8.01-382","catch_line":"Verdict, judgment or decree to fix period at which interest begins; final order; judgment or decree for interest","url":"\/8.01-382\/","token":"8.01\/13\/8.01-382","metadata":false},{"id":56851,"structure_id":13009,"section_number":"8.01-383","catch_line":"Power to grant new trial; how often","url":"\/8.01-383\/","token":"8.01\/13\/8.01-383","metadata":false},{"id":68218,"structure_id":13009,"section_number":"8.01-383.1","catch_line":"Appeal when verdict reduced and accepted under protest; new trial for inadequate damages","url":"\/8.01-383.1\/","token":"8.01\/13\/8.01-383.1","metadata":false},{"id":83116,"structure_id":13009,"section_number":"8.01-384","catch_line":"Formal exceptions to rulings or orders of court unnecessary; motion for new trial unnecessary in certain cases","url":"\/8.01-384\/","token":"8.01\/13\/8.01-384","metadata":false},{"id":54675,"structure_id":13009,"section_number":"8.01-384.1","catch_line":"Interpreters for deaf or hard of hearing in civil proceedings","url":"\/8.01-384.1\/","token":"8.01\/13\/8.01-384.1","metadata":false},{"id":79657,"structure_id":13009,"section_number":"8.01-384.1:1","catch_line":"Interpreters for non-English-speaking persons in civil cases","url":"\/8.01-384.1_1\/","token":"8.01\/13\/8.01-384.1_1","metadata":false},{"id":75422,"structure_id":13009,"section_number":"8.01-384.2","catch_line":"Waiver of discovery time limitations by parties","url":"\/8.01-384.2\/","token":"8.01\/13\/8.01-384.2","metadata":false}],"previous_section":{"id":78560,"structure_id":13009,"section_number":"8.01-379.3","catch_line":"General verdict accompanied by answer to interrogatories","url":"\/8.01-379.3\/","token":"8.01\/13\/8.01-379.3","metadata":false},"next_section":{"id":71392,"structure_id":13009,"section_number":"8.01-381","catch_line":"What jury may carry out","url":"\/8.01-381\/","token":"8.01\/13\/8.01-381","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-380\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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, chapters 333 and 611; in 1977, chapter 617; in 1983, chapter 404; in 1991, chapter 19; in 2001, chapter 825<\/a>; in 2004, chapter 362<\/a>; in 2007, chapters 179<\/a> and 367<\/a>; in 2013, chapters 274<\/a> and 366<\/a>; in 2014, chapter 86<\/a>; in 2022, chapter 206<\/a>.<\/p>","references":[{"id":58055,"section_number":"64.2-308.12","catch_line":"Proceeding for elective share; time limit","order_by":null,"url":"\/64.2-308.12\/"},{"id":64704,"section_number":"8.01-229","catch_line":"Suspension or tolling of statute of limitations; effect of disabilities; effect of death; injunction; prevention of service by defendant; dismissal, nonsuit or abatement; devise for payment of debts; new promises; debts proved in creditors' suits","order_by":null,"url":"\/8.01-229\/"},{"id":55241,"section_number":"8.01-244","catch_line":"Actions for wrongful death; limitation","order_by":null,"url":"\/8.01-244\/"},{"id":55206,"section_number":"8.01-277","catch_line":"Defective process; motion to quash; untimely service; motion to dismiss","order_by":null,"url":"\/8.01-277\/"},{"id":81821,"section_number":"8.01-335","catch_line":"Certain cases struck from dockets after certain period; reinstatement","order_by":null,"url":"\/8.01-335\/"}],"refers_to":[{"id":79702,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","order_by":null,"url":"\/16.1-106\/"}],"permalink":{"id":277321,"object_type":"law","relational_id":55779,"identifier":"8.01-380","token":"8.01\/13\/8.01-380","url":"\/8.01-380\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-380\/","token":"8.01\/13\/8.01-380","dublin_core":{"Title":"Dismissal of action by nonsuit; fees and costs","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-380","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A party<\/span> shall not be allowed to suffer a nonsuit<\/span> as to any cause of action<\/span> or claim, or any other party<\/span> to the proceeding, unless he does so before a motion to strike<\/span> the evidence<\/span> has been sustained or before the jury<\/span> retires from the bar or before the action has been submitted to the court<\/span> for decision. After a nonsuit<\/span> no new proceeding on the same cause of action<\/span> or against the same party<\/span> shall be had in any court<\/span> other than that in which the nonsuit<\/span> was taken, unless that court<\/span> is without jurisdiction<\/span>, or not a proper venue<\/span>, or other good cause is shown for proceeding in another court<\/span>, or when such new proceeding is instituted in a federal court<\/span>. If after a nonsuit<\/span> an improper venue<\/span> is chosen, the court<\/span> shall not dismiss the matter but shall transfer it to the proper venue<\/span> upon motion of any party<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Only one nonsuit<\/span> may be taken to a cause of action<\/span> or against the same party<\/span> to the proceeding, as a matter of right, although the court<\/span> may allow additional nonsuits<\/span> upon reasonable notice to counsel<\/span> of record for all defendants<\/span> and upon a reasonable attempt to notify any party<\/span> not represented by counsel<\/span>, or counsel<\/span> may stipulate to additional nonsuits<\/span>. The court<\/span>, in the event additional nonsuits<\/span> are allowed, may assess costs and reasonable attorney fees against the nonsuiting party<\/span>. When suffering a nonsuit<\/span>, a party<\/span> shall inform the court<\/span> if the cause of action<\/span> has been previously nonsuited. Any order<\/span> effecting a subsequent nonsuit<\/span> shall reflect all prior nonsuits<\/span> and shall include language that reflects the date of any previous nonsuit<\/span> together with the court<\/span> in which any previous nonsuit<\/span> was taken. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If notice to take a nonsuit<\/span> of right is given to the opposing party<\/span> within seven days of trial<\/span> or during trial<\/span>, the court<\/span> in its discretion may assess against the nonsuiting party<\/span> reasonable witness fees and travel costs of expert witnesses scheduled to appear at trial<\/span>, which are actually incurred by the opposing party<\/span>, solely by reason of the failure to give notice at least seven days prior to trial<\/span>. The court<\/span> shall have the authority to determine the reasonableness of expert witness<\/span> fees and travel costs. Invoices, receipts, or confirmation of payment shall be admissible<\/span> to prove reasonableness without the need to offer testimony<\/span> to support the authenticity or reasonableness of such documents, and may, in the court<\/span>’s discretion, satisfy the reasonableness requirement under this subsection. Nothing herein shall preclude any party<\/span> from offering additional evidence<\/span> or testimony<\/span> to support or rebut the reasonableness requirement. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A party<\/span> shall not be allowed to nonsuit<\/span> a cause of action<\/span>, without the consent of the adverse party<\/span> who has filed a counterclaim<\/span>, cross claim or third-party<\/span> claim which arises out of the same transaction or occurrence as the claim of the party<\/span> desiring to nonsuit<\/span> unless the counterclaim<\/span>, cross claim or third-party<\/span> claim can remain pending for independent adjudication by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A voluntary nonsuit<\/span> taken pursuant to this section is subject to the tolling provisions of subdivision E 3 of § 8.01-229<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Upon the timely perfection of an appeal<\/span> from a judgment<\/span> of a general district court<\/span>, pursuant to § 16.1-106<\/a>, a party<\/span> may suffer a nonsuit<\/span> as otherwise set forth in this section, and such nonsuit<\/span> shall annul the judgment<\/span> of the general district court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISMISSAL OF ACTION BY NONSUIT; FEES AND COSTS (\u00a7 8.01-380)\n\nA. A party shall not be allowed to suffer a nonsuit as to any cause of action or\nclaim, or any other party to the proceeding, unless he does so before a motion\nto strike the evidence has been sustained or before the jury retires from the\nbar or before the action has been submitted to the court for decision. After a\nnonsuit no new proceeding on the same cause of action or against the same party\nshall be had in any court other than that in which the nonsuit was taken, unless\nthat court is without jurisdiction, or not a proper venue, or other good cause\nis shown for proceeding in another court, or when such new proceeding is\ninstituted in a federal court. If after a nonsuit an improper venue is chosen,\nthe court shall not dismiss the matter but shall transfer it to the proper venue\nupon motion of any party.\n\nB. Only one nonsuit may be taken to a cause of action or against the same party\nto the proceeding, as a matter of right, although the court may allow additional\nnonsuits upon reasonable notice to counsel of record for all defendants and upon\na reasonable attempt to notify any party not represented by counsel, or counsel\nmay stipulate to additional nonsuits. The court, in the event additional\nnonsuits are allowed, may assess costs and reasonable attorney fees against the\nnonsuiting party. When suffering a nonsuit, a party shall inform the court if\nthe cause of action has been previously nonsuited. Any order effecting a\nsubsequent nonsuit shall reflect all prior nonsuits and shall include language\nthat reflects the date of any previous nonsuit together with the court in which\nany previous nonsuit was taken.\n\nC. If notice to take a nonsuit of right is given to the opposing party within\nseven days of trial or during trial, the court in its discretion may assess\nagainst the nonsuiting party reasonable witness fees and travel costs of expert\nwitnesses scheduled to appear at trial, which are actually incurred by the\nopposing party, solely by reason of the failure to give notice at least seven\ndays prior to trial. The court shall have the authority to determine the\nreasonableness of expert witness fees and travel costs. Invoices, receipts, or\nconfirmation of payment shall be admissible to prove reasonableness without the\nneed to offer testimony to support the authenticity or reasonableness of such\ndocuments, and may, in the court’s discretion, satisfy the reasonableness\nrequirement under this subsection. Nothing herein shall preclude any party from\noffering additional evidence or testimony to support or rebut the reasonableness\nrequirement.\n\nD. A party shall not be allowed to nonsuit a cause of action, without the\nconsent of the adverse party who has filed a counterclaim, cross claim or\nthird-party claim which arises out of the same transaction or occurrence as the\nclaim of the party desiring to nonsuit unless the counterclaim, cross claim or\nthird-party claim can remain pending for independent adjudication by the court.\n\nE. A voluntary nonsuit taken pursuant to this section is subject to the tolling\nprovisions of subdivision E 3 of § 8.01-229.\n\nF. Upon the timely perfection of an appeal from a judgment of a general district\ncourt, pursuant to § 16.1-106, a party may suffer a nonsuit as otherwise\nset forth in this section, and such nonsuit shall annul the judgment of the\ngeneral district court.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-220, 8-244; 1954, cc. 333, 611; 1977, c. 617; 1983,\nc. 404; 1991, c. 19; 2001, c. 825; 2004, c. 362; 2007, cc. 179, 367; 2013, cc.\n274, 366; 2014, c. 86; 2022, c. 206.","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}}