Download Relationship of Rules - Civil Procedure - Lecture Slides and more Slides Civil procedure in PDF only on Docsity! WHAT IS THE RELATIONSHIP OF RULES 15(a) and 15(b)? • 15(b) is more appropriate if suit has reached trial or post-trial stage • BUT motions to amend can be made at any time under 15(a) • In practice, courts are willing to grant amendments under either provision UNLESS there is PREJUDICE, DELAY, BAD FAITH, or FUTILITY. Docsity.com AMENDMENTS AND THE STATUTE OF LIMITATIONS: RELATION BACK • What’s a statute of limitations? What’s the purpose of this? • How do you figure out what the statute of limitations is for a state cause of action? How about a federal one? • RELATION BACK --ISSUE: When will an amended pleading be treated as having been filed at the same time, for the purposes of the statute of limitations, as the original pleading? Docsity.com FRCP 15(c ) (3): Amendment Changing Parties in Complaint Will Relate Back If: • Within the 120 day service deadline period under 4(m), the party to be added: • 1. Has notice of the action and will not be prejudiced in her defense; AND • 2. Knew or should have known that the action would have been brought against her if there had not been a mistake; • AND 3. 15( c) (2) applies. Docsity.com IMPORTANT PREREQUISITE FOR RELATION BACK • Before there can be relation back, the party seeking amendment must convince court that amended pleading is permitted under FRCP 15(a) or (b). Docsity.com CASE LAW ON RELATION BACK - Worthington v. Wilson • State or federal court? • What’s the procedural history? • What is the procedural issue that this court must decide? • How does the court rule on this issue? • What is the court’s reasoning? Docsity.com PRACTICE EXERCISE 10 • Tips on Arguing Motions • Make argument quickly, assuming judge doesn’t know much about facts/law • State who you are and who you represent • Tell judge what must be decided • Give sufficient information about facts, or cases or rules on which you rely • Answer judge’s questions when she asks them • Meet your opponent’s arguments Docsity.com Massachusetts Rule 15 • 15(C) differs from the federal rule • It is set out on p. 270 • It is more lenient than the federal rule where an amendment seeks to add parties after the statute of limitations has run. Docsity.com
