A new party may be added, on motion of the plaintiff by order of the court at any stage of the case as the ends of justice may require. The motion, accompanied by a properly executed proposed amended complaint, must be served on the existing parties as required by Rule 1:12. 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 and all the provisions of Rule 3:4 apply as to the new parties, but no writ tax, clerk's fee or deposit for costs is required. All defendants must file pleadings in response thereto as required by these Rules unless otherwise ordered by the court.
Rule 3:16.New Parties.
Part Three: Practice and Procedures in Civil Actions · Last amended 2021 · Last verified July 16, 2026
In one sentenceLets a plaintiff add a new party at any stage of the case by court order, on a motion served with a proposed amended complaint, treats the amendment as filed on the order date without requiring a new writ tax or clerk’s fee, and requires defendants to respond to it under the usual Rules.
Full Text of Rule 3:16
Plain-English Summary
A case doesn’t have to be frozen at its original parties. This rule lets a plaintiff move to add a new party at any stage, as the ends of justice may require, but only through a court order granting that motion. The motion has to come with a properly executed proposed amended complaint, and both must be served on the existing parties under Rule 1:12.
If the court grants the motion, the amended pleading is deemed filed in the clerk’s office as of the date of the court’s order — not the date it was originally drafted or attached to the motion. From there, all the provisions of Rule 3:4 governing copies of the complaint apply to the new parties, but no writ tax, clerk’s fee, or deposit for costs is required for adding them. Every defendant, existing and new, still has to file responsive pleadings as these Rules otherwise require, unless the court orders something different.
Frequently Asked Questions
Can a plaintiff add a new defendant after the lawsuit has already started?
Yes. On the plaintiff’s motion, the court may order a new party added at any stage of the case as the ends of justice require.
What has to accompany a motion to add a new party?
A properly executed proposed amended complaint, and both the motion and the proposed amendment must be served on the existing parties as required by Rule 1:12.
As of what date is the amended complaint considered filed once the motion is granted?
As of the date of the court’s order granting the motion — not any earlier date.
Does adding a new party under this rule require paying a new writ tax or clerk’s fee?
No. No writ tax, clerk’s fee, or cost deposit is required, though the copy requirements of Rule 3:4 do apply to the new parties.
Do new parties added this way get the same response deadlines as original defendants?
Yes. All defendants must file responsive pleadings as required by these Rules, unless the court orders otherwise.
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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