Virginia Motion To Dismiss Form With Court
Description
How to fill out Virginia Notice Of Filing Of Notice Of Removal?
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FAQ
Upon finding that the plaintiff did exercise due diligence to have timely service and denying the motion to dismiss, the court shall require the person filing such motion to file a responsive pleading within 21 days of such ruling.
Five days' notice is required to the opposing party and the court. Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here).
(b) Motion to Dismiss in the Appellate Court. - At any time after a notice of appeal has been filed and after the expiration of the 21-day period prescribed by Rule 1: 1 , any party to an appeal may file a motion in the appellate court to dismiss the appeal.
A hearing shall be held by the court, as provided herein, and the court shall rule on any such motions not later than forty-five days after the date of judgment, not including the date of entry of such judgment.
Requests for dismissal or non-suit of a pending case can be submitted by using the Request for Court Action ? Civil/Small Claims Division form, plaintiff's praecipe, endorsed order, or sufficient proof of the consent of all parties.