                                 CODE OF VIRGINIA

WHEN CASE TO BE TRIED; DISMISSAL; SUBSTITUTION OF COMPLAINANT; COSTS (§ 48-9)

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 § 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.

HISTORY: Code 1919, § 1523; 2005, cc. 764, 813.