Relation Back: FRCP 15c

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Relation Back FRCP 15(c)

• An amendment of a pleading relates back to the
  date of the original pleading when
• relation back is permitted by the law that
  provides the statute of limitations applicable to
  the action or
• 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 or
• the amendment changes the party or the naming of
  the party against whom a claim is asserted if the
  foregoing provision (2) is satisfied and, within
  the period provided by Rule 4(m) for service of
  the summons and complaint, the party to be
  brought in by amendment (A) has received such
  notice of the institution of the action that the
  party will not be prejudiced in maintaining a
  defense on the merits, and (B) knew or should
  have known that, but for a mistake concerning the
  identity of the proper party, the action would
  have been brought against the party.

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(1) An amendment of a pleading relates back to
the date of the original pleading when relation
back is permitted by the law that provides the
statute of limitations applicable to the action

• If a claim with a state law statute of
  limitations is added, look at state law to see if
  it would allow relation back.
• If a claim with a federal statute of limitations
  is added, look for federal law.
• If not related back, look at 2
• 15(c) uses or

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(2) An amendment of a 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

• Moore (400)
• What was original claim? Amendment?
• Why was amendment denied? Right result? Why?
• What about Azarbal?
• Bonerb (402)
• What was original claim? Amendment?
• Why was amendment allowed?
• An amendment which changes the legal theory is
  appropriate if the factual situation upon which
  the action depends remains the same and has been
  brought to the defendants attention by the
  original pleading.

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(3) An amendment of a pleading relates back to
the date of the original pleading when the
amendment changes the party or the naming of the
party against whom a claim is asserted if the
foregoing provision (2) is satisfied and, within
the period provided by Rule 4(m) for service of
the summons and complaint, the party to be
brought in by amendment (A) has received such
notice of the institution of the action that the
party will not be prejudiced in maintaining a
defense on the merits, and (B) knew or should
have known that, but for a mistake concerning the
identity of the proper party, the action would
have been brought against the party.

• In addition to meeting 2, must show both
• (A) other party had notice w/in 120 days of suit
  in way not prejudiced and
• (B) other party at least should have known
  mistake caused plaintiff to sue other party and
  not it.

• Gives you four months to fix mistakes, like
• Misspelled names
• Wrong affiliated corporation
• Wrong capacity

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Zielinski?

• (3) An amendment of a pleading relates back to
  the date of the original pleading when the
  amendment changes the party or the naming of the
  party against whom a claim is asserted if the
  foregoing provision (2) is satisfied and, within
  the period provided by Rule 4(m) for service of
  the summons and complaint, the party to be
  brought in by amendment (A) has received such
  notice of the institution of the action that the
  party will not be prejudiced in maintaining a
  defense on the merits, and (B) knew or should
  have known that, but for a mistake concerning the
  identity of the proper party, the action would
  have been brought against the party.

• The insurance company knew within 120 days that
  PPI had been sued by mistake.
• The insurance company knew that Carload
  Contractors should have been sued.
• Result under (c)(3)?

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Beeck

• (3) An amendment of a pleading relates back to
  the date of the original pleading when the
  amendment changes the party or the naming of the
  party against whom a claim is asserted if the
  foregoing provision (2) is satisfied and, within
  the period provided by Rule 4(m) for service of
  the summons and complaint, the party to be
  brought in by amendment (A) has received such
  notice of the institution of the action that the
  party will not be prejudiced in maintaining a
  defense on the merits, and (B) knew or should
  have known that, but for a mistake concerning the
  identity of the proper party, the action would
  have been brought against the party.

• What do you need know to know how Beeck would
  come out under (c)(3)?

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Complaint Mechanics

• 10(a) Every pleading shall contain a caption
  setting forth the name of the court, the title of
  the action, the file number, and a designation as
  in Rule 7(a). In the complaint the title of the
  action shall include the names of all the
  parties.
• - Whats a designation under 7(a)?
• 10(b) All averments of a claim shall be made in
  numbered paragraphs limited as far as
  practicable to a statement of a single set of
  circumstances.
• - Well see one reason why when we get to
  Zielinski.
• 8(e)(1) Each averment of a pleading shall be
  simple, concise and direct.
• 8(e)(2) A party may set forth two or more
  statements of a claim alternately A party may
  also state as many separate claims as the party
  has regardless of consistency and whether based
  on legal, equitable, or maritime grounds.
• 11(a) Every pleading has to be signed contain
  certain information.
• 5(d) No certificate of service is required.
• 7.1(a) Corporations must make certain
  disclosures of ownership. Form on course web
  page.
• 4(d) Request defendant waive service of process.
  Form on course web page.
• LR Every complaint must be accompanied by a
  Civil Cover Sheet. Form on course web page.

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Complaint Mechanics

• 10(a) Every pleading shall contain a caption
  setting forth the name of the court, the title of
  the action, the file number, and a designation as
  in Rule 7(a). In the complaint the title of the
  action shall include the names of all the
  parties.
• - Whats a designation under 7(a)?
• 10(b) All averments of a claim shall be made in
  numbered paragraphs limited as far as
  practicable to a statement of a single set of
  circumstances.
• - We saw one reason why in Zielinski.
• 8(e)(1) Each averment of a pleading shall be
  simple, concise and direct.
• 8(e)(2) A party may set forth two or more
  statements of a claim alternately A party may
  also state as many separate claims as the party
  has regardless of consistency and whether based
  on legal, equitable, or maritime grounds.
• 11(a) Every pleading has to be signed contain
  certain information.
• 5(d) No certificate of service is required.

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Complaint Related Documents

• 7.1(a) Corporations must make certain
  disclosures of ownership. Example link on course
  web page.
• 4(d) Request defendant waive service of process.
  Form on course web page.
• LR Every complaint must be accompanied by a
  Civil Cover Sheet. Form on course web page.

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Complaint File and Deliver

• Please read instructions carefully.
• Not doing the assignment is not an option.
• If we have an odd number of people, let me know
  if youre the straggler.
• Be sure to file only what you have to file, and
  deliver what you have to deliver.