Virginia: Special Cases – A Lawyer’s Reinstatement

Virginia: Special Cases – A Lawyer’s Reinstatement

On April 21, 2016, the Virginia Supreme Court issued JSR Mechanical, Inc. v. Aireco Supply, Inc., No. 150638, construing Va. Code §8.01–335(B). It concluded that Circuit Court judges did not have any discretion to deny reinstatement after discontinuance or dismissal under §8.01-335(B) when there was compliance with the statutes timeliness and notice requirements. Id. at 1, 8.

JSR held that “liberally granting motions to reinstate comports with motions of due process and access to the justice system.” Id. at 8. Accordingly, the Circuit Court’s denial of Plaintiff’s motion to reinstate was reversed and remanded. Id.