{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-6.html"}],"law_id":377673,"edition_id":2,"section_id":377673,"structure_id":53651,"section_number":"8.01-6","catch_line":"Amending pleading; relation back to original pleading","history":"Code 1950, \u00a7 8-97; 1954, c. 333; 1977, c. 617; 1990, c. 80; 1996, c. 693; 2004, cc. 141, 326.","full_text":"A misnomer in any pleading may, on the motion of any party, and on affidavit of the right name, be amended by inserting the right name. An amendment changing the party against whom a claim is asserted, whether to correct a misnomer 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) within the limitations period prescribed for commencing the action against the party to be brought in by the amendment, that party or its agent received notice of the institution of the action, (iii) that party will not be prejudiced in maintaining a defense on the merits, and (iv) that party knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against that party.\n\n","order_by":null,"text":{"0":{"id":1408931,"text":"A misnomer in any pleading may, on the motion of any party, and on affidavit of the right name, be amended by inserting the right name. An amendment changing the party against whom a claim is asserted, whether to correct a misnomer 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) within the limitations period prescribed for commencing the action against the party to be brought in by the amendment, that party or its agent received notice of the institution of the action, (iii) that party will not be prejudiced in maintaining a defense on the merits, and (iv) that party knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against that party.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-6\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 333; in 1977, chapter 617; in 1990, chapter 80; in 1996, chapter 693<\/a>; in 2004, chapters 141<\/a> and 326<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1505461,"object_type":"law","relational_id":377673,"identifier":"8.01-6","token":"8.01\/2\/1\/8.01-6","url":"\/8.01-6\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-6\/","token":"8.01\/2\/1\/8.01-6","dublin_core":{"Title":"Amending pleading; relation back to original pleading","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A misnomer in any pleading may, on the motion<\/span> of any party<\/span>, and on affidavit<\/span> of the right name, be amended by inserting the right name. An amendment changing the party<\/span> against whom a claim is asserted, whether to correct a misnomer 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) within the limitations period prescribed for commencing the action<\/span> against the party<\/span> to be brought in by the amendment, that party<\/span> or its agent received notice of the institution of the action<\/span>, (iii) that party<\/span> will not be prejudiced in maintaining a defense on the merits, and (iv) that party<\/span> knew or should have known that but for a mistake concerning the identity of the proper party<\/span>, the action<\/span> would have been brought against that party<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDING PLEADING; RELATION BACK TO ORIGINAL PLEADING (\u00a7 8.01-6)\n\nA misnomer in any pleading may, on the motion of any party, and on affidavit of\nthe right name, be amended by inserting the right name. An amendment changing\nthe party against whom a claim is asserted, whether to correct a misnomer or\notherwise, relates back to the date of the original pleading if (i) the claim\nasserted in the amended pleading arose out of the conduct, transaction, or\noccurrence set forth in the original pleading, (ii) within the limitations\nperiod prescribed for commencing the action against the party to be brought in\nby the amendment, that party or its agent received notice of the institution of\nthe action, (iii) that party will not be prejudiced in maintaining a defense on\nthe merits, and (iv) that party knew or should have known that but for a mistake\nconcerning the identity of the proper party, the action would have been brought\nagainst that party.\n\nHISTORY: Code 1950, \u00a7 8-97; 1954, c. 333; 1977, c. 617; 1990, c. 80; 1996, c.\n693; 2004, cc. 141, 326.","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"}}