Legal Question in Civil Litigation in Virginia
Civil Case question
To make a long story short... I received a Warrant in Debt and had to appear in court. I showed and the Plaintiff did NOT. The judge informed me that the case is dismissed. Is this case over with.. or can the Plaintiff have it rescheduled? I thought once a case was dismissed it was over with.
2 Answers from Attorneys
Re: Civil Case question
It should be, except for appeals, motions to rehear, motions for reconsideration, non-suited cases, and dismissals without prejudice. Depends on what you mean by "dismissed" and when it was done and how. It ain't over til its over, as they say.
Re: Civil Case question
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RESPONSE:
Here's how it works. On the initial return date, if the defendant appears but the plaintiff does not, the Court will dismiss the action "without prejudice," meaning that the plaintiff can re-file. However, if this happens again on the trial date (i.e., the plaintiff does not show up), and you contest the claim, you will win the case and that will be the end of it.