Code of Virginia § 8.01-6. Amending pleading; relation back to original pleading.

176 words·~1 min read·/va/title-8-01/chapter-2/8-01-6

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A misnomer in any pleading may, on the motion of any party, and on affidavit of the right name, be amended by inserting the right name. An amendment changing the party against whom a claim is asserted, whether to correct a misnomer or otherwise, relates back to the date of the original pleading if

(i)the claim asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth in the original pleading,

(ii)within the limitations period prescribed for commencing the action against the party to be brought in by the amendment, that party or its agent received notice of the institution of the action,

(iii)that party will not be prejudiced in maintaining a defense on the merits, and

(iv)that party knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against that party.

Code 1950, § 8-97; 1954, c. 333; 1977, c. 617; 1990, c. 80; 1996, c. 693 ; 2004, cc. 141 , 326 .