Virginia Order of Dismissal
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FAQ
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.
Rule . ? All final judgments, orders, and decrees, irrespective of terms of court, remain under the control of the trial court and may be modified, vacated, or suspended for twenty-one days after the date of entry, and no longer.
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.
Because the prosecutor filed the charge, they also have the discretion to dismiss it if they believe the facts and circumstances warrant it. Likewise, a judge can dismiss the case if they find no legal basis for the charge, if the defendant's rights have been violated, or if the state has failed to prove its case.
A person, upon whom process has not been served within one year of commencement of the action against him, may make a special appearance, which does not constitute a general appearance, to file a motion to dismiss.
Virginia Code § 18.2-57.3 governs dismissal of first offenses. That code section states that first offenders, if they plead guilty or are found guilty after a trial, are eligible to have their cases dismissed.
A Dismissal Order ends the case. Upon dismissal the ?automatic stay? ends and creditors may start to collect debts unless a discharge is entered before the dismissal and the discharge is not revoked by the court. An Order of Dismissal does not free the debtor from any debt.
