Legal Memorandum: No Controversy between Litigants

Issue: Whether a court may proceed with a case after the controversy with litigants ceases to exist in the state of Virginia.

Area of Law: Litigation & Procedure
Keywords: Controversy; Cease to exist; Litigants
Jurisdiction: Virginia
Cited Cases: None
Cited Statutes: None
Date: 06/01/2012

The law is clear that, “[w]henever it appears or is made to appear that there is no actual controversy between the litigants, or that, if it once existed it has ceased to do so, it is the duty of every judicial tribunal not to proceed to the formal determination of the apparent controversy, but to dismiss the case.”  E.C. v. Virginia Dept. of Juvenile Justice, 722 S.E.2d 827, 831 (Va. 2012).


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