48-9 - When case to be tried; dismissal; substitution of complainant; costs. - Virginia Statutes

§ 48-9. When case to be tried; dismissal; substitution of complainant; costs.

The suit when ready for hearing shall be tried at the first term of court,unless good cause for a continuance shall be shown, and in such suit oralevidence given in court of the general reputation of the place or criminalstreet gang as defined in § 18.2-46.1 shall be admissible for the purpose ofproving or tending to prove the existence of such nuisance. If the complaintis filed by a citizen it shall not be dismissed by him before final hearing,except upon a sworn statement made by the complainant and his attorney,setting forth the reasons why the action should be dismissed, and thedismissal approved by the attorney for the Commonwealth, or the AttorneyGeneral of the Commonwealth, in writing or in open court. In any case, if thecourt is of the opinion that the suit ought not to be dismissed, it maydirect the attorney for the Commonwealth to prosecute it to judgment; and ifthe suit is continued more than one term of court, any citizen or theattorney for the Commonwealth may be substituted for the complaining partyand prosecute such suit to judgment. If the suit is brought by a citizen, andthe court finds there was no reasonable ground or cause for said suit, thecosts may be taxed against such citizen.

(Code 1919, § 1523; 2005, cc. 764, 813.)