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1999 SESSION
995189362Patrons-- Moran, Armstrong, Deeds, Joannou, Kilgore and McEachin; Senator: Trumbo
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 8.01-6.2 as follows:
§ 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
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. ]