Finn v. Fancher

By Judge James W. Haley, Jr.

Rule of Court 3:3(c) states in part that no judgment shall be entered where the defendant was served with process more than one year after the commencement of the action “unless the court finds ... that the plaintiff exercised due diligence to have timely service on him.” (In 1994 the Legislature enacted Code § 8.01-275.1, which is basically a codification of Rule of Court 3:3(c).) The primary question here for resolution is whether a law firm acting on behalf of a plaintiff exercised such due diligence. The defendant has filed a motion to dismiss based upon Rule…