A. In any action or suit required to be prosecuted or defended by or in the name of a fiduciary, including a personal representative, trustee, conservator, or guardian, the style of the case in regard to the fiduciary shall be substantially in the following form: "(Name of fiduciary), (type of fiduciary relationship), (Name of the subject of the fiduciary relationship)."
§ 8.01-6.3.Actions or suits against fiduciaries; style of the case; amendment of pleading.
Chapter 2. Parties · Article 1. General Provisions · Last amended 2010 · Last verified July 16, 2026
In one sentenceSection 8.01-6.3 requires that a suit prosecuted or defended in the name of a fiduciary style the case caption to name the fiduciary, the type of fiduciary relationship, and the subject of that relationship, and lets a pleading that skips this form but identifies the proper parties be amended, relating back to the original pleading.
Full Text of § 8.01-6.3
B. Any pleading filed that does not conform to the requirements of subsection A but otherwise identifies the proper parties shall be amended on the motion of any party or by the court on its own motion. Such amendment relates back to the date of the original pleading.
Plain-English Summary
When a fiduciary — a personal representative, trustee, conservator, or guardian, among others — brings or defends a case in that capacity, Section 8.01-6.3(A) requires the case style to identify the fiduciary in a specific three-part form: the fiduciary’s name, the type of fiduciary relationship, and the name of the person or estate that is the subject of that relationship.
Subsection B provides a fix for pleadings that fall short of that form. If a pleading does not conform to the required style but otherwise identifies the proper parties, it can be amended, either on the motion of any party or on the court’s own motion. That amendment relates back to the date of the original pleading, so correcting the caption to the proper form does not expose the case to a limitations problem it would not otherwise have had.
Frequently Asked Questions
How should a Virginia case caption be styled when a fiduciary is a party?
Section 8.01-6.3(A) requires the style to read substantially: “(Name of fiduciary), (type of fiduciary relationship), (Name of the subject of the fiduciary relationship).”
What kinds of fiduciaries does this style requirement mention?
Section 8.01-6.3(A) names a personal representative, trustee, conservator, or guardian as examples of fiduciaries whose case style must follow the required form.
What happens if a pleading names the fiduciary but not in the required format?
Section 8.01-6.3(B) allows the pleading to be amended, on the motion of any party or by the court on its own motion, as long as it otherwise identifies the proper parties.
Does correcting the style of a fiduciary case caption create a statute of limitations problem?
No. Section 8.01-6.3(B) provides that the amendment relates back to the date of the original pleading.
Who can request that a fiduciary caption be corrected under this section?
Section 8.01-6.3(B) allows either a motion by any party or action by the court on its own motion.
Amendment History
2010, c. 437.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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