Legal Question in Civil Litigation in Virginia

My aunt filed a civil case. A witness she needed did not show up for depositions. My aunt's attorney non-suited & said he will re-file the case. Why re-file when he could ask for a continuance? The non-suit was filed 2 days before the trial date. Can a defendant be called for more than 1 deposition in a case? Is there an advantage to re-filing vs. a continuance? Thank you.


Asked on 4/09/10, 2:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Yes, a non-suiter gets an automatic reprieve of up to six months to refile his or her case in order to get it better prepared for trial without forfeiting that time to the statute of limitations clock.

A motion for continuance, in contrast, is not automatic and must be granted by the court and probably would gain the motioner only a few extra weeks to get his

or her case in shape for trial (if such motion were granted).

And, yes, if a case is non-suited and then refiled, the defendant can be

recalled for a deposition in the refiled case.

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Answered on 4/14/10, 5:43 pm


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