VA · rules
Va. Sup. Ct. R. 7B:8
Failure of Plaintiff to Appear
(a) If neither the plaintiff nor the defendant appears, the Court must dismiss the
action without prejudice to the right of the plaintiff to refile.
(b) If the defendant, but not the plaintiff, appears on the return date and the case is
not before the Court for trial, the Court must dismiss the action without prejudice to the
right of the plaintiff to refile.
(c) If the defendant, but not the plaintiff, appears on the trial date and:
(1) The defendant admits owing all or some portion of the claim, the Court
must dismiss the action without prejudice to the right of the plaintiff to refile; but
if
(2) The defendant denies under oath owing anything to the plaintiff, the
Court must enter judgment for the defendant with prejudice to the right of the
plaintiff to refile.
History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Provenance
- Source
- www.vacourts.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
45d5d4a19a3b24804a00a9b6d110de549520316eb6537ffe584943bc4e71c664
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