{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-6.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-6.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-6.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-6.2.html"}],"law_id":377671,"edition_id":2,"section_id":377671,"structure_id":53651,"section_number":"8.01-6.2","catch_line":"Amendment of pleading; relation back to original pleading; confusion in trade name","history":"1999, c. 686.","full_text":"A\n\nA pleading which states a claim against a party whose trade name or corporate name is substantially similar to the trade name or corporate name of another entity may be amended at any time by inserting the correct party’s name, if such party or its agent had actual notice of the claim prior to the expiration of the statute of limitations for filing the claim.\n\nB\n\nIn the event that suit is filed against the estate of a decedent, and filed within the applicable statute of limitations, naming the proper name of estate of the deceased and service is effected or attempted on an individual or individuals as executor, administrator or other officers of the estate, such filing tolls the statute of limitations for said claim in the event the executor, administrator or other officers of the estate are unable to legally receive service at the time service was attempted, or defend suit because their authority as executor, administrator or other officer of the estate excludes defending said actions, or their duties as executor, administrator or other officer of the estate had expired at the time of service or during the time of defending said action.\n\n","order_by":null,"text":{"0":{"id":1408927,"text":"A pleading which states a claim against a party whose trade name or corporate name is substantially similar to the trade name or corporate name of another entity may be amended at any time by inserting the correct party’s name, if such party or its agent had actual notice of the claim prior to the expiration of the statute of limitations for filing the claim.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1408928,"text":"In the event that suit is filed against the estate of a decedent, and filed within the applicable statute of limitations, naming the proper name of estate of the deceased and service is effected or attempted on an individual or individuals as executor, administrator or other officers of the estate, such filing tolls the statute of limitations for said claim in the event the executor, administrator or other officers of the estate are unable to legally receive service at the time service was attempted, or defend suit because their authority as executor, administrator or other officer of the estate excludes defending said actions, or their duties as executor, administrator or other officer of the estate had expired at the time of service or during the time of defending said action.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":53651,"edition_id":2,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":53560,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 03:20:01","date_modified":"2026-08-02 12:28:10","permalink":{"id":1505455,"object_type":"structure","relational_id":53651,"identifier":"1","token":"8.01\/2\/1","url":"\/8.01\/2\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53560,"edition_id":2,"name":"Parties","identifier":"2","label":"chapter","depth":2,"order_by":3,"parent_id":53558,"metadata":{"child_laws":26,"child_structures":4},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:10","permalink":{"id":1505453,"object_type":"structure","relational_id":53560,"identifier":"2","token":"8.01\/2","url":"\/8.01\/2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377468,"structure_id":53651,"section_number":"8.01-5","catch_line":"Effect of nonjoinder or misjoinder; limitation on joinder of insurance company","url":"\/8.01-5\/","token":"8.01\/2\/1\/8.01-5","metadata":false},{"id":377673,"structure_id":53651,"section_number":"8.01-6","catch_line":"Amending pleading; relation back to original pleading","url":"\/8.01-6\/","token":"8.01\/2\/1\/8.01-6","metadata":false},{"id":377670,"structure_id":53651,"section_number":"8.01-6.1","catch_line":"Amendment of pleading changing or adding a claim or defense; relation back","url":"\/8.01-6.1\/","token":"8.01\/2\/1\/8.01-6.1","metadata":false},{"id":377671,"structure_id":53651,"section_number":"8.01-6.2","catch_line":"Amendment of pleading; relation back to original pleading; confusion in trade name","url":"\/8.01-6.2\/","token":"8.01\/2\/1\/8.01-6.2","metadata":false},{"id":377672,"structure_id":53651,"section_number":"8.01-6.3","catch_line":"Actions or suits against fiduciaries; style of the case; amendment of pleading","url":"\/8.01-6.3\/","token":"8.01\/2\/1\/8.01-6.3","metadata":false},{"id":377815,"structure_id":53651,"section_number":"8.01-7","catch_line":"When court may add new parties to suit","url":"\/8.01-7\/","token":"8.01\/2\/1\/8.01-7","metadata":false}],"previous_section":{"id":377670,"structure_id":53651,"section_number":"8.01-6.1","catch_line":"Amendment of pleading changing or adding a claim or defense; relation back","url":"\/8.01-6.1\/","token":"8.01\/2\/1\/8.01-6.1","metadata":false},"next_section":{"id":377672,"structure_id":53651,"section_number":"8.01-6.3","catch_line":"Actions or suits against fiduciaries; style of the case; amendment of pleading","url":"\/8.01-6.3\/","token":"8.01\/2\/1\/8.01-6.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-6.2\/","history_text":"

This law was first created in 1999. The record of its establishment is cataloged in chapter 686<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":1505469,"object_type":"law","relational_id":377671,"identifier":"8.01-6.2","token":"8.01\/2\/1\/8.01-6.2","url":"\/8.01-6.2\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-6.2\/","token":"8.01\/2\/1\/8.01-6.2","dublin_core":{"Title":"Amendment of pleading; relation back to original pleading; confusion in trade name","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-6.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A pleading which states a claim against a party<\/span> whose trade name or corporate name is substantially similar to the trade name or corporate name of another entity may be amended at any time by inserting the correct party<\/span>’s name, if such party<\/span> or its agent had actual notice of the claim prior to the expiration of the statute of limitations<\/span> for filing the claim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In the event that suit<\/span> is filed against the estate of a decedent, and filed within the applicable statute of limitations<\/span>, naming the proper name of estate of the deceased and service is effected or attempted on an individual or individuals as executor, administrator or other officers of the estate, such filing tolls the statute of limitations<\/span> for said claim in the event the executor, administrator or other officers of the estate are unable to legally receive service at the time service was attempted, or defend suit<\/span> because their authority as executor, administrator or other officer of the estate excludes defending said actions<\/span>, or their duties as executor, administrator or other officer of the estate had expired at the time of service or during the time of defending said action<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT OF PLEADING; RELATION BACK TO ORIGINAL PLEADING; CONFUSION IN TRADE\nNAME (\u00a7 8.01-6.2)\n\nA. A pleading which states a claim against a party whose trade name or corporate\nname is substantially similar to the trade name or corporate name of another\nentity may be amended at any time by inserting the correct party’s name,\nif such party or its agent had actual notice of the claim prior to the\nexpiration of the statute of limitations for filing the claim.\n\nB. In the event that suit is filed against the estate of a decedent, and filed\nwithin the applicable statute of limitations, naming the proper name of estate\nof the deceased and service is effected or attempted on an individual or\nindividuals as executor, administrator or other officers of the estate, such\nfiling tolls the statute of limitations for said claim in the event the\nexecutor, administrator or other officers of the estate are unable to legally\nreceive service at the time service was attempted, or defend suit because their\nauthority as executor, administrator or other officer of the estate excludes\ndefending said actions, or their duties as executor, administrator or other\nofficer of the estate had expired at the time of service or during the time of\ndefending said action.\n\nHISTORY: 1999, c. 686.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}