8.01-6 - Amending pleading; relation back to original pleading. - Virginia Statutes

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

A misnomer in any pleading may, on the motion of any party, and on affidavitof the right name, be amended by inserting the right name. An amendmentchanging the party against whom a claim is asserted, whether to correct amisnomer 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) withinthe limitations period prescribed for commencing the action against the partyto be brought in by the amendment, that party or its agent received notice ofthe institution of the action, (iii) that party will not be prejudiced inmaintaining a defense on the merits, and (iv) that party knew or should haveknown that but for a mistake concerning the identity of the proper party, theaction 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.)