January 2017


Virginia Non-Suit Statute Extends Statute of Limitations Even Where the Defendant is Misnamed in the First Lawsuit

Posted: January 12, 2017 by Gerald W. Ueckermann, Jr.
Virginia law provides that a plaintiff has a right to voluntarily non-suit (dismiss) a lawsuit one time, and that the plaintiff then can file a second lawsuit within six months of the non-suit even though the statute of limitations would otherwise have expired.

But can a plaintiff who has misnamed the defendant in the first suit proceed against a correctly-named defendant in a second suit?  The Virginia Supreme Court recently held that in the case of Richmond v. Volk that they could.



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