Motion and Order for Voluntary Nonsuit (Form # DC-419) – Virginia Court

The Motion and Order for Voluntary Nonsuit (Form # DC-419) form is used by a plaintiff to voluntarily dismiss a case without prejudice, meaning they reserve the right to refile the case in the future. It can be filed in either General District Court or Juvenile & Domestic Relations District Court. Filing this form allows the plaintiff to withdraw their case without prejudice, enabling them to correct any issues or reconsider their legal strategy before possibly refiling the case.

Steps to Fill out the Form

Header Section

1. • Hearing Date and Case Number: Fill in the date of the hearing and the case number at the top of the form.

Court Information

1. • Court Selection: Check the appropriate box for either the General District Court or Juvenile & Domestic Relations District Court.
   • City or County: Enter the name of the city or county where the court is located.
   • Street Address of Court: Provide the full street address of the court.

Notice of Hearing

1. • Date and Time: Write the date and time of the hearing where the motion for voluntary nonsuit will be considered.
   • Clerk Signature: This section is for the court clerk to sign and date.

Motion for Voluntary Nonsuit

1. • Plaintiff Information: Enter the names of the plaintiffs in the provided spaces.
   • Defendant Information: Enter the names of the defendants in the provided spaces.
   • Plaintiff’s Name: Write your full name as the plaintiff.
   • Initial Complaint Filing Date: Fill in the date when you originally filed the complaint.
   • Court of Initial Filing: Write the name of the court where the original complaint was filed.
   • Order Date of Initial Nonsuit: Provide the date when the court granted your initial motion for voluntary nonsuit.
   • Subsequent Nonsuit Information: If this is a subsequent nonsuit, provide the dates and court details for any prior nonsuits.
   • Grounds for Motion: Briefly state the reasons for requesting the nonsuit.

Order Section

1. • Nonsuit Decision: This section is for the judge to complete. They will indicate whether the motion is granted or denied and may award costs if applicable.
   • Judge’s Signature and Date: This section is for the judge to sign and date.

Certificate of Service

1. • Date of Service: Enter the date when you served the motion and proposed order.
   • Method of Service: Check the appropriate box to indicate how the documents were served (mail, fax, email, or hand-delivery).
   • Recipient Information: Provide the names and addresses of all recipients of the motion and order. Fill out as many recipient fields as needed.

Signature

1. • Nonsuiting Party’s Signature: Sign and date the form in the space provided for the nonsuiting party’s signature.

Additional Tips

• Review for Accuracy: Double-check all entered information for accuracy to avoid any delays or issues with the filing.
• File Timely: Ensure that the form is filed in a timely manner before the scheduled hearing date.
• Keep Copies: Retain copies of the completed form and any supporting documents for your records.