Amendments and Statutes of Limitations

Question 1

General Rule for Amendments

Answer 1

pleader may amend once as of right up to the pretrial order or up to the start of trial if no pretrial order is entered; justice can even require amendment in middle of trial

Question 2

Amendment adding new claims

Answer 2

An amended pleading can add new claims related back to the date of a timely filed complaint if the new claims derive from the same transaction or occurrence as the original claims.

Question 3

Amendment adding new parties

Answer 3

An amendment adding new parties relates back to the date of a timely filed complaint if: (1) there is sameness (t/)o); and (2) new D had acquired knowledge that, but for a mistake, they would have been named, and they acquired that knowledge before the statute of limitations had run.

Question 4

How long is the statute of limitation for personal injury tort claims?

Answer 4

2 years from discovery to file

Question 5

What is a statute of repose?

Answer 5

an absolute time limit on filing claims that runs from the occurrence, not discovery.

Question 6

When must medical malpractice claims be filed?

Answer 6

within 5 years of the occurrence, regardless of discovery, but the 5-year period of repose starts at age 5 for occurrences before then (so, 4-year-olds hurt by negligence must sue by age 10 regardless of when they discovered their claims).

Question 7

What is the Statute of Limitations Period for Damage to reputation?

Answer 7

1 year

Question 8

What is the Statute of Limitations Period for Actions for foreign object left in patient’s body?

Answer 8

1 year from date of discovery of the negligent or wrongful action or omission

Question 9

What is the Statute of Limitations Period for personal injury?

Answer 9

2 years

Question 10

What is the Statute of Limitations Period for medical malpractice?

Answer 10

2 years from date of injury, and subject to a 5-year statute of ultimate repose

Question 11

What is the Statute of Limitations Period for property damage?

Answer 11

4 years

Question 12

What is the Statute of Limitations Period for trespass to realty?

Answer 12

4 years

Question 13

What is the Statute of Limitations Period for oral or implied contracts?

Answer 13

4 years

Question 14

What is the Statute of Limitations Period for contracts for sale of goods?

Answer 14

4 years

Note: contract for sale of goods may lower the period to not less than 1 year

Question 15

What is the Statute of Limitations Period for written contracts?

Answer 15

6 years from when they become due and payable

Question 16

What is the Statute of Limitations Period for Actions for deficiency of survey, plat, plan, design specification, supervision, or observation of construction?

Answer 16

8 years and subject to a broad 10-year statue of ultimate repose

Question 17

What is the Statute of Limitations Period for most products liability actions?

Answer 17

10 years from date of first use or consumption of product

Question 18

What is the Statute of Limitations Period for written contracts under seal?

Answer 18

20 years