Amendments

Question 1

Statute of Limitations

Answer 1

-Established by state or federal statute
-Limits time for filing complaint

Question 2

Purpose for SOL

Answer 2

• Loss of evidence
• Loss of memoru
• Witnesses gone
• D doesn’t have to worry after a certain period
• Doesn’t waste cts. time litigating events from decades ago

Question 3

Pre-Trial Amendments, Rule 15 (a)

Answer 3

1. Once within 21 days after serving pleading
2. If a responsive pleading is required, amendment can be completed once within 21 days after service of responsive pleading OR 12(b), (e), or (f) motion (whichever is earlier)

Otherwise, need leave of court or written consent of adverse parties

Question 4

During & After Trial Amendments, Rule 15(b)

Answer 4

Objection at trial:
- At trial party objects that evidence is not within the issues, and ct. can permit pleadings to be amended
- Ct. should freely permit this amendment, and may grant a continue to enable objecting party to meet evidence

Issues tried by consent:
- When an issue is not raised by the pleadings is tried by parties’ express or implied consent, must be treated as if raised in pleading
- Party may move to amend at any time to conform
- Failure to amend does not effect result of issue at trial

Question 5

Relation Back of Amendments, Rule 15(c)

Answer 5

Amendment to a pleading related back to date of OG pleading when:
1. Law provides the SOL allows relation back
2. Assertion arouse out of the conduct, transaction or occurence set out in OG pleading
3. Amendment changes the party or naming of the party against who a claim is asserted. Party is brought in by amendment
a) notice of the action as to not prejudice added party
b) party knew or should have known that action would have been brought against it