Ahari v. Morrison, 275 Va. 92

Summary

The Supreme Court of Virginia held that an amended complaint requiring leave of court is not legally effective until the court grants leave to amend. Because the amended complaint adding new defendants became operative after the applicable statute of limitations expired, the Court affirmed dismissal of the claims against those defendants.

Holdings

1. Under Virginia Rule 1:8, an amended complaint filed after the original pleading has no legal efficacy and is not deemed filed until the trial court grants leave to amend.
2. When a new party is added by amended pleading, the action is commenced as to that party only when the amendment becomes operative; the statute of limitations continues to run until that date.

Questions Presented

1. Whether an amended complaint is deemed filed for purposes of the statute of limitations when the plaintiff files a motion for leave to amend and tenders the proposed amended complaint, or only when the trial court grants leave to amend.
2. Whether the defendants' statute-of-limitations plea was properly sustained when the trial court granted leave to amend after the limitations period expired.

Disposition

affirmed