                                 CODE OF VIRGINIA

AMENDMENT OF PLEADING; RELATION BACK TO ORIGINAL PLEADING; CONFUSION IN TRADE
NAME (§ 8.01-6.2)

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&#8217;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.

HISTORY: 1999, c. 686.