A. Except as provided in subsection C, any court in which is pending an action, wherein for more than two years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck from its docket and the action shall thereby be discontinued. However, no case shall be discontinued if either party requests that it be continued. The court shall thereafter enter a pretrial order pursuant to Rule 4:13 controlling the subsequent course of the case to ensure a timely resolution of that case. If the court thereafter finds that the case has not been timely prosecuted pursuant to its pretrial order, it may strike the case from its docket. The clerk of the court shall notify the parties in interest if known, or their counsel of record at his last known address, at least fifteen days before the entry of such order of discontinuance so that all parties may have an opportunity to be heard on it. Any case discontinued under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest if known or their counsel of record, within one year from the date of such order but not after.
§ 8.01-335.Certain cases struck from dockets after certain period; reinstatement.
Chapter 10. Dockets · Last amended 2007 · Last verified July 16, 2026
In one sentenceSection 8.01-335 lets a court strike an inactive civil case from its docket after two years with notice, after three years without notice, or after one year without service of process, with a separate rule for bonded appeals and a carve-out for asbestos litigation.
Full Text of § 8.01-335
B. Any court in which is pending a case wherein for more than three years there has been no order or proceeding, except to continue it, may, in its discretion, order it to be struck from its docket and the action shall thereby be discontinued. The court may dismiss cases under this subsection without any notice to the parties. The clerk shall provide the parties with a copy of the final order discontinuing or dismissing the case. Any case discontinued or dismissed under the provisions of this subsection may be reinstated, on motion, after notice to the parties in interest, if known, or their counsel of record within one year from the date of such order but not after.
C. If a civil action is pending in a circuit court on appeal from a general district court and (i) an appeal bond has been furnished by or on behalf of any party against whom judgment has been rendered for money or property and (ii) for more than one year there has been no order or proceeding, except to continue the matter, the action may, upon notice to the parties in accordance with subsection A, be dismissed and struck from the docket of the court. Upon dismissal pursuant to this subsection, the judgment of the general district court shall stand and the appeal bond shall be forfeited after application of any funds needed to satisfy the judgment.
D. Any court in which is pending a case wherein process has not been served within one year of the commencement of the case may, in its discretion, order it to be struck from the docket, and the action shall thereby be discontinued. The clerk of the court shall notify the plaintiff or his counsel of record at his last known address at least 30 days before the entry of an order of discontinuance so that the plaintiff may have an opportunity to show that service has been timely effected on the defendant or that due diligence has been exercised to have service timely effected on the defendant. Upon finding that service has been timely effected or that due diligence has been exercised to have service timely effected, the court shall maintain the action on the docket and, if service has not been timely effected but due diligence to effect service has been exercised, shall require the plaintiff to attempt service in any manner permitted under Chapter 8 (§ 8.01-285 et seq.) of this title. Nothing herein shall prevent the plaintiff from filing a nonsuit under § 8.01-380 before the entry of a discontinuance order pursuant to the provisions of this subsection. Nothing in this subsection shall apply to asbestos litigation.
Plain-English Summary
Subsection A gives a court discretion to strike a case from its docket, discontinuing the action, when more than two years have passed without any order or proceeding besides a continuance — though neither party can be forced into discontinuance if either one requests a continuance instead. Before that happens, the clerk must notify known parties or their counsel at least fifteen days beforehand, and if the case survives that notice, the court enters a pretrial order under Rule 4:13 to keep the case moving; if the case still is not timely prosecuted, the court may strike it. A case discontinued this way may be reinstated on motion within one year of the discontinuance order.
Subsection B offers a separate, less protective path: after three years of inactivity, a court may strike and discontinue a case without giving the parties any advance notice at all, though the clerk must still send a copy of the final order once it is entered. Reinstatement again requires a motion filed within one year. Subsection C addresses a narrower scenario — a civil action on appeal from general district court, secured by an appeal bond, that sits idle for more than a year — letting the court dismiss and strike it after notice, at which point the general district court’s judgment stands and the appeal bond is forfeited after satisfying that judgment.
Subsection D targets a different problem: cases where process was never served within a year of filing. A court may strike such a case from the docket, but the clerk must first give the plaintiff thirty days’ notice and a chance to show either that service was timely made or that due diligence was exercised toward making it. If the plaintiff makes that showing, the court keeps the case on the docket and, where diligence but not timely service was shown, requires the plaintiff to keep attempting service under Chapter 8. Nothing in this subsection stops a plaintiff from taking a nonsuit under § 8.01-380 before a discontinuance order enters, and the subsection does not apply to asbestos litigation at all.
Frequently Asked Questions
How long can a civil case sit inactive before a Virginia court can strike it from the docket?
Under subsection A, more than two years without an order or proceeding other than a continuance lets the court strike it, though neither party can be forced into discontinuance if either requests a continuance instead.
What happens before a case is struck under the two-year rule?
The clerk must notify known parties or their counsel at least fifteen days beforehand, and the court enters a pretrial order under Rule 4:13 to ensure timely resolution if the case survives.
Is there a rule that lets a court strike a case without advance notice?
Yes. Subsection B lets a court strike a case after three years of inactivity without any notice requirement, though the clerk must send a copy of the final order afterward.
How long do parties have to get a struck case reinstated?
One year from the date of the discontinuance or dismissal order, under both the two-year and three-year rules.
Can a case be struck just because process was never served?
Yes. Subsection D lets a court strike a case where process was not served within a year of filing, but the clerk must give the plaintiff thirty days’ notice and a chance to show timely service or diligence, and this rule does not apply to asbestos litigation.
Amendment History
Code 1950, § 8-154; 1954, c. 621; 1977, c. 617; 1990, c. 730; 1992, cc. 532, 792, 803, 835; 1994, c. 517; 1997, c. 680; 1999, c. 652; 2007, c. 498.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
Also known as: virginia case dismissed for inactivity8.01-335 struck from docketreinstating a dismissed virginia caseprocess not served within a year virginiatwo year rule virginia civil docket