![]() ![]() No action or suit shall abate or be defeated by the nonjoinder or misjoinder of parties, plaintiff or defendant, but whenever such nonjoinder or misjoinder shall be made to appear by affidavit or otherwise, new parties may be added and parties misjoined may be dropped by order of the court at any time as the ends of justice may require. Nothing in this subsection shall pertain to cases involving asbestos. Nothing herein shall prevent the plaintiff from filing a nonsuit under 8.01-380 before the entry of an order granting a motion to dismiss pursuant to the provisions of this section. 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. Upon finding that the plaintiff did not exercise due diligence to have timely service and sustaining the motion to dismiss, the court shall dismiss the action with prejudice. Code 8.01-277.Ī 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. ![]() Challenges to personal jurisdiction may be brought by motion to quash. Grounds found in statutory law include: lack of subject matter jurisdiction and lack of an indispensable party. There are no provisions of the Virginia Supreme Court Rules that set forth the grounds for a motion to dismiss. For more detailed information, please see the SmartRules Motion to Dismiss Guide for the court where your action is pending. Use this At A Glance Guide to learn the Virginia Supreme Court Rules related to bringing a motion to dismiss in Virginia Circuit Courts.
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