Code of Virginia
Chapter 2 - Parties
§ 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 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.
B. 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.
1999, c. 686.

Structure Code of Virginia

Code of Virginia

Title 8.01 - Civil Remedies and Procedure

Chapter 2 - Parties

§ 8.01-5. Effect of nonjoinder or misjoinder; limitation on joinder of insurance company

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

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

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

§ 8.01-6.3. Actions or suits against fiduciaries; style of the case; amendment of pleading

§ 8.01-7. When court may add new parties to suit

§ 8.01-8. How minors may sue

§ 8.01-9. Guardian ad litem for persons under disability; when guardian ad litem need not be appointed for person under disability

§ 8.01-10. Joinder of tenants in common

§ 8.01-11. Proceedings on writing binding deceased person

§ 8.01-12. Suit by beneficial owner when legal title in another

§ 8.01-13. Assignee or beneficial owner may sue in own name; certain discounts allowed

§ 8.01-14. Suit against assignor

§ 8.01-15. Suits by and against unincorporated associations or orders

§ 8.01-15.1. Anonymous plaintiff; motion for identification; factors to be considered by court

§ 8.01-15.2. Servicemembers Civil Relief Act; default judgment; appointment of counsel

§ 8.01-16. New parties may have continuance

§ 8.01-17. When party whose powers cease is defendant

§ 8.01-18. When suit discontinued unless revived

§ 8.01-19. Effect of marriage or change of name of party

§ 8.01-20. Effect of marriage, change of name or death on appeal

§ 8.01-20.1. Certification of expert witness opinion at time of service of process

§ 8.01-21. Judgment when death or disability occurs after verdict but before judgment

§ 8.01-22. When death or disability occurs as to any of several plaintiffs or defendants

§ 8.01-23. Decree in suit when number of parties exceeds 30 and one of them dies

§ 8.01-24. Writ of scire facias abolished; substitutes therefor