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Can I file a non-suit in a Virginia circuit court without a lawyer?

Discussion in 'Civil Court, Procedure & Litigation' started by russharv63, Jul 22, 2017.

  1. russharv63

    russharv63 Law Topic Starter New Member

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    I hired a lawyer to represent me in a defamation case in a Virginia civil circuit court . He prepared and filed the suit on August 3, 2016. Since you have a year to serve it he decided to wait. Since a year will be up sometime around August 3, 2017 I decided to call him a few days ago and ask him to file a non-suit because it would be in my best interest to do so. He wanted to go ahead and start the suit and wanted $5,000 to begin. He emailed me back after I told him I wanted a non-suit and told me I was on my own and he was closing my case. So I am left with filing the non-suit myself. My question is first can he do this and if the Virginia civil circuit court will allow me to file the non-suit without my lawyer's help? Since they will know I had a lawyer when it was filed will they allow me to file it without him? If I am allowed to file it will they let me obtain another lawyer to take his place in the near future?
  2. mightymoose

    mightymoose Moderator

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    Yes, you can do it in your own, but you better make sure you know the procedures.
    Yes, the lawyer can withdraw.
    Yes, you may obtain new counsel.
  3. adjusterjack

    adjusterjack Super Moderator

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    An alternative is to do nothing and the court will eventually dismiss it.

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