Code of Virginia § 8.01-6.1. Amendment of pleading changing or adding a claim or defense; relation back.

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

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

Subject to any other applicable provisions of law, an amendment of a pleading changing or adding a claim or defense against a party relates back to the date of the original pleadings for purposes of the statute of limitations if the court finds

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

(ii)the amending party was reasonably diligent in asserting the amended claim or defense, and

(iii)parties opposing the amendment will not be substantially prejudiced in litigating on the merits as a result of the timing of the amendment. In connection with such an amendment, the trial court may grant a continuance or other relief to protect the parties. This section shall not apply to eminent domain or mechanics' lien claims or defenses.

1996, c. 693 .