Misnomer Law and Legal Definition
Misnomer means an error in naming a person, place, or thing. It simply means the use of a wrong name to refer a person or thing. Misnomer refers to the practice of giving incorrect name in indictment, accusation, pleading, or deed. Misnomer cases generally involve misspelling, inverting or use of a popular trade name instead of a real name.
A misnomer arises when the proper party is incorrectly named, and not when there is a mistake in a party's identity. Thus, one defendant cannot be substituted for another under the guise of a misnomer. [Bryant v. Rorer, 66 Va. Cir. 226, 227-228 (Va. Cir. Ct. 2004)]
A misnomer can be corrected by amendment. “A misnomer in any pleading may, on the motion of any party, and on affidavit of the right name, be amended by inserting the right name”. [Va. Code Ann. § 8.01-6]
