No amendments may be made to any pleading after it is filed save by leave of court. Leave to amend should be liberally granted in furtherance of the ends of justice. Unless otherwise provided by order of the court in a particular case, any written motion for leave to file an amended pleading must be accompanied by a properly executed proposed amended pleading, in a form suitable for filing. If the motion is granted, the amended pleading accompanying the motion will be deemed filed in the clerk's office as of the date of the court's order permitting such amendment. If the motion is granted in part, the court may provide for filing an amended pleading as the court may deem reasonable and proper. Where leave to amend is granted other than upon a written motion, whether on demurrer or oral motion or otherwise, the amended pleading must be filed within 21 days after leave to amend is granted or in such time as the court may prescribe. In granting leave to amend the court may make such provision for notice thereof and opportunity to make response as the court may deem reasonable and proper.
Rule 1:8.Amendments.
Part One: General Rules Applicable to All Proceedings · Last amended 2021 · Last verified July 16, 2026
In one sentenceRule 1:8 requires leave of court to amend a filed pleading, leave that courts should grant liberally, and it sets the mechanics: a written motion must attach a proposed amended pleading, the amendment is deemed filed as of the court’s order, and amendments granted other than by written motion must be filed within twenty-one days.
Full Text of Rule 1:8
Plain-English Summary
Rule 1:8 covers how a party amends a pleading after it has been filed. No amendment may happen without leave of court, but the rule instructs courts to grant that leave liberally, in furtherance of the ends of justice. Unless the court orders otherwise in a particular case, a written motion for leave to amend must come with a properly executed proposed amended pleading, already in a form suitable for filing.
If the court grants the motion, the amended pleading is deemed filed as of the date of the court’s order — not the date the motion was filed. If the court grants the motion only in part, it may set its own terms for filing the amended pleading. When leave to amend is granted some other way — on a demurrer ruling, an oral motion, or otherwise, rather than by written motion — the amended pleading must be filed within twenty-one days of that grant, or within whatever time the court sets. And whenever the court grants leave to amend, it may set its own terms for notice of the amendment and an opportunity to respond.
Frequently Asked Questions
Do I need the court’s permission to amend a pleading I already filed?
Yes. Rule 1:8 says no amendments may be made to a filed pleading except by leave of court, though the rule directs courts to grant that leave liberally in furtherance of the ends of justice.
What do I need to attach to a written motion for leave to amend?
A properly executed proposed amended pleading, in a form suitable for filing, unless the court has ordered otherwise in that case.
As of what date is an amended pleading considered filed?
If the motion for leave is granted, the amended pleading is deemed filed as of the date of the court’s order granting leave to amend, not the date the motion itself was submitted.
The judge granted leave to amend orally during a hearing — how long do I have to file the amended pleading?
Twenty-one days after leave to amend is granted, or whatever time the court prescribes, when leave is granted other than by written motion — for example on a demurrer ruling or an oral motion.
Can a court limit how it grants leave to amend?
Yes. If a motion for leave to amend is only partly granted, the court may set its own terms for filing the amended pleading, and in any grant of leave to amend, the court may set terms for notice and an opportunity to respond.
Amendment History
Last amended by Order dated November 23, 2020; effective March 1, 2021.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
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