8.01-6.2 - Amendment of pleading; relation back to original pleading; confusion in trade name. - Virginia Statutes

§ 8.01-6.2. Amendment of pleading; relation back to original pleading;confusion in trade name.

A. A pleading which states a claim against a party whose trade name orcorporate name is substantially similar to the trade name or corporate nameof another entity may be amended at any time by inserting the correct party'sname, if such party or its agent had actual notice of the claim prior to theexpiration of the statute of limitations for filing the claim.

B. In the event that suit is filed against the estate of a decedent, andfiled within the applicable statute of limitations, naming the proper name ofestate of the deceased and service is effected or attempted on an individualor individuals as executor, administrator or other officers of the estate,such filing tolls the statute of limitations for said claim in the event theexecutor, administrator or other officers of the estate are unable to legallyreceive service at the time service was attempted, or defend suit becausetheir authority as executor, administrator or other officer of the estateexcludes defending said actions, or their duties as executor, administratoror other officer of the estate had expired at the time of service or duringthe time of defending said action.

(1999, c. 686.)