Either party may by motion, petition or application seek to have a case reinstated. Payment of filing fee is required. 1. The motion, petition or application must state the relief sought.
An order reinstating the case is also required. If counsel, or a pro se party, has not submitted an order with the request, the clerk’s office shall prepare an order.
The clerk shall not process the request or receipt for the filing fee 2. until the court has entered an order reinstating the case. After entry of the order reinstating the case, the application shall be processed and the filing fee receipted for.
The clerk’s office shall set a 6 month review date. If for more than 6 months there is no order or proceeding, the clerk’s office shall prepare an order striking the matter from the docket. 3. To reinstate the case again, a further motion and payment of the filing fee is required.
FOOTNOTES:
1. Opinion of the Attorney General 85-86 Va. AG 51, 52 (1985). Fee may be charged for reinstatement of
a suit on a court's docket.
2. Exception: If a pro se party has submitted the request and paid the filing fee in cash, the clerk’s shall receipt for the cash. If request is subsequently denied, the clerk shall prepare a refund order of the filing fee.
3 Court’s policy to strike case from docket after 6 months if no order or proceeding-more than a tool for docket control and management; this policy provides for discontinuing an action when it is stricken from the docket after no order has been entered or proceeding has taken place in 6 months. The purpose is to enable this court to identify cases which litigants or their counsel are not interested in pursuing to a
conclusion.