                                 CODE OF VIRGINIA

CERTAIN CASES STRUCK FROM DOCKETS AFTER CERTAIN PERIOD; REINSTATEMENT (§
8.01-335)

A. 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.

B. 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.

C. 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.

D. 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 (&#xA7; 8.01-285 et seq.) of this title. Nothing
herein shall prevent the plaintiff from filing a nonsuit under &#xA7; 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.

HISTORY: Code 1950, § 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.