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Legal Memorandum: Commencement of an Action in VI

Issue: Under the laws of the Virgin Islands, when is an action commenced?

Area of Law: Litigation & Procedure
Keywords: Commencement of an action; Filing of complaint
Jurisdiction: Federal, Virgin Islands
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 15; Terr. Ct. R. 22; Fed. R. Civ. P. 3
Date: 09/01/2004

In the Virgin Islands, as in the federal district courts, an action is commenced when the complaint is filed.  Terr. Ct. R. 22; Fed. R. Civ. P. 3.  “An amendment of an original pleading relates back to the date of the original pleading . . . when the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading.”  Fed. R. Civ. P. 15. 

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