                                 CODE OF VIRGINIA

DISMISSAL OF ACTION BY NONSUIT; FEES AND COSTS (§ 8.01-380)

A. 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.

B. 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.

C. 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&#8217;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. 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.

E. A voluntary nonsuit taken pursuant to this section is subject to the tolling
provisions of subdivision E 3 of &#xA7; 8.01-229.

F. Upon the timely perfection of an appeal from a judgment of a general district
court, pursuant to &#xA7; 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.

HISTORY: Code 1950, §§ 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.