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2004 SESSION
040409840Be it enacted by the General Assembly of Virginia:
1. That § 8.01-6 of the Code of Virginia is amended and reenacted as follows:
§ 8.01-6. Amending pleading; relation back to original pleading.
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 and (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 he party will not be prejudiced in maintaining a
defense on the merits, and he [(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 him that party.