Pleadings and Motions
Pleadings
Rule 15(c) permits relation back where the amendment asserts a claim arising from the same conduct, transaction, or occurrence. Amendments changing a party relate back only if the new party had notice and knew or should have known the action would have been brought against it but for a mistake.
The notice must have occurred within the service period.
Alternative Names:
Relation Back Doctrine, Rule 15(c)
Why it Matters?
The mistake requirement is where party amendments fail, since a plaintiff who simply did not know a defendant's identity has not made a mistake concerning identity within the rule's meaning under Krupski. That distinction defeats many attempts to add defendants after limitations have run. Establishing what the plaintiff knew and when is the analytical work opposing relation back requires.
Frequently Confused with
Related terms
Frequently asked questions
What defeats relation back for a new party?
What notice is required?
