In a recent Norfolk Circuit Court case the judge ruled that a lawyer’s missing signature from the Complaint prevented them from taking a nonsuit, since the defective Complaint was not a “validly pending proceeding.” In this particular case, the the plaintiff’s signature appeared on the Complaint, but the attorney’s signature was not endorsed above their printed name.
This recent ruling is a poignant reminder for those Virginia subrogation attorneys and other plaintiff attorneys that any defective complaint can jeopardize a nonsuit. The strategic value of a nonsuit, the peculiar remedy in Virginia allowing the plaintiff to dismiss a claim voluntarily and thereby toll the statute of limitations by six months, cannot be overstated. When a case like this comes along it reinforces the need for close scrutiny of all pleadings, but especially complaints, as an innocent error can result in a statute of limitations problem and future bar complaints and ethics litigation.
