                                 CODE OF VIRGINIA

AMENDMENT OF PLEADING CHANGING OR ADDING A CLAIM OR DEFENSE; RELATION BACK (§
8.01-6.1)

Subject to any other applicable provisions of law, an amendment of a pleading
changing or adding a claim or defense against a party relates back to the date
of the original pleadings for purposes of the statute of limitations if the
court finds (i) the claim or defense asserted in the amended pleading arose out
of the conduct, transaction or occurrence set forth in the original pleading,
(ii) the amending party was reasonably diligent in asserting the amended claim
or defense, and (iii) parties opposing the amendment will not be substantially
prejudiced in litigating on the merits as a result of the timing of the
amendment. In connection with such an amendment, the trial court may grant a
continuance or other relief to protect the parties. This section shall not apply
to eminent domain or mechanics&#8217; lien claims or defenses.

HISTORY: 1996, c. 693.