{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-6.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-6.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-6.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-6.1.html"}],"law_id":377670,"edition_id":2,"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","history":"1996, c. 693.","full_text":"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’ lien claims or defenses.\n\n","order_by":null,"text":{"0":{"id":1408926,"text":"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’ lien claims or defenses.","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":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},"next_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","url":"\/8.01-6.2\/","token":"8.01\/2\/1\/8.01-6.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-6.1\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 693<\/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":1505465,"object_type":"law","relational_id":377670,"identifier":"8.01-6.1","token":"8.01\/2\/1\/8.01-6.1","url":"\/8.01-6.1\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-6.1\/","token":"8.01\/2\/1\/8.01-6.1","dublin_core":{"Title":"Amendment of pleading changing or adding a claim or defense; relation back","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-6.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Subject to any other applicable provisions of law<\/span>, an amendment of a pleading changing or adding a claim or defense against a party<\/span> relates back to the date of the original pleadings<\/span> for purposes of the statute of limitations<\/span> if the court<\/span> 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<\/span> 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<\/span> court<\/span> may grant a continuance<\/span> or other relief to protect the parties. This section shall not apply to eminent domain or mechanics’ lien<\/span> claims or defenses.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAMENDMENT OF PLEADING CHANGING OR ADDING A CLAIM OR DEFENSE; RELATION BACK (\u00a7\n8.01-6.1)\n\nSubject to any other applicable provisions of law, an amendment of a pleading\nchanging or adding a claim or defense against a party relates back to the date\nof the original pleadings for purposes of the statute of limitations if the\ncourt finds (i) the claim or defense asserted in the amended pleading arose out\nof the conduct, transaction or occurrence set forth in the original pleading,\n(ii) the amending party was reasonably diligent in asserting the amended claim\nor defense, and (iii) parties opposing the amendment will not be substantially\nprejudiced in litigating on the merits as a result of the timing of the\namendment. In connection with such an amendment, the trial court may grant a\ncontinuance or other relief to protect the parties. This section shall not apply\nto eminent domain or mechanics’ lien claims or defenses.\n\nHISTORY: 1996, c. 693.","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"}}