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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118800
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I need an example of a motion to reinstate a medical malpractice/wrong

Customer Question

I need an example of a motion to reinstate a medical malpractice/wrongful death lawsuit in the state of Virginia. I withdrew the lawsuit by filing a nonsuit motion on 12/22/14 and need to reinstate the case ASAP. Need to leave for the courthouse by noon on Monday 6/22/15. I found a form titled "Motion to Reopen (Criminal/Traffic)/Motion to Rehear(Civil)/Motion for New Trial (Civil) online, but not exactly sure if I modify that if it will work or not. Can send a copy of the motion another lawyer wrote that I used to file the nonsuit order if that will help. I do not plan to serve notice on the defendants at this time - have been told by a lawyer that I can actually wait a year to do that - and have found some case law which seems to concur. Just need to keep the case active until I can line up a few more expert witnesses and then hopefully an attorney will take over the case. Thanks. Bea Seibert
Submitted: 2 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

A nonsuit in a malpractice/wrongful death suit means the suit is closed as it was withdrawn/dismissed, you cannot file a motion to reinstate, you must file a new suit within the statute of limitations if you want to preserve your right to sue. See: Riddett v. Virginia Elec. & Power Co., 255 Va. 23, 495 S.E.2d 819 (VA 1998). So you would not file a motion to reinstate the suit, you would have to file a brand new suit on the matter. So you have to file a new complaint to start a new suit according to the VA case law.
Customer: replied 2 years ago.

Thanks for the answer. Apparently the court I am filing in has a different opinion. I did initially try to refile the complaint and they requested that I file a motion to reinstate. I did that and they assigned the same case number ***** the addition of "-01" at the end. Not sure if it is because it was a voluntary nonsuit that I filed myself or for some other reason but they handled it differently than you suggested. I will hopefully get the paperwork from the court back in the mail in the next couple of days so I can move forward with the case. I did include a slightly amended complaint with the motion,

Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.

I do not know, but everything I have ever done and seen has been a refiling of a case, which is why you are not finding any sample motions and it may just be a local rule of the specific court or that may be how they reinstate the case from a voluntary withdrawal of the action based on their local rules.