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

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

Subject to any other applicable provisions of law, an amendment of a pleadingchanging or adding a claim or defense against a party relates back to thedate of the original pleadings for purposes of the statute of limitations ifthe court finds (i) the claim or defense asserted in the amended pleadingarose out of the conduct, transaction or occurrence set forth in the originalpleading, (ii) the amending party was reasonably diligent in asserting theamended claim or defense, and (iii) parties opposing the amendment will notbe substantially prejudiced in litigating on the merits as a result of thetiming of the amendment. In connection with such an amendment, the trialcourt may grant a continuance or other relief to protect the parties. Thissection shall not apply to eminent domain or mechanics' lien claims ordefenses.

(1996, c. 693.)