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  1. #1
    Join Date
    Nov 2008

    Default Dismissal of Suit Due to Non-Progress

    My question involves court procedures for the state of: Virginia

    I am the defendant in a lawsuit in Virginia which has not progressed in about 2 1/2 years. Pleadings were filed (I've been acting pro se), and plaintiff's attorney contacted me to ask if we could settle the case -- I responded that a dismissal would be an acceptable settlement.

    That was about 2 1/2 years ago, and I have heard nothing from Plaintiff, his attorney, or the court since.

    Is it customary to request dismissal on a case due to what appears to be a bilateral non-interest in pursuing the case at this point? Will the court ever dismiss the case on its own initiative due to non-progress?

    Virginia's own case processing time guidelines seem to indicate that civil matters should be concluded within 24 months of filing, "except for individual cases in which the Court determines exceptional circumstances exist and for which a continuing review should occur." I doubt that this case could be described as having "exceptional circumstances"...

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Dismissal of Suit Due to Non-Progress

    Different courts have different policies for inactive cases. Some dismiss them, usually first providing notice to the parties that a dismissal will occur if no action is taken on a case. Others may classify them as inactive and remove them from the active docket. Check with the court to determine its practices, and to check the status of the lawsuit.

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