Rule 15(c) of the Federal and Arkansas Rules of Civil Procedure: Amending Pleadings after the Statute of Limitations Has Run

Authors

• David Newborn, University of Arkansas School of Law

Keywords

Civil Procedure, Rule 15(c), amended complaint, statute of limitations, pleading errors, estoppel

Abstract

Rule 15 of the Federal Rules of Civil Procedure provides for the amendment of pleadings "when justice so requires." In some cases, the plaintiff’s amendment will attempt to change parties to the action after the applicable statute of limitations has expired. Rule 15(c) provides that the amendment relates back to the original complaint if certain requirements are met. First, the claim asserted must arise out of the "same conduct, transaction, or occurrence" set forth in the original complaint. Second, the new defendant must, within the applicable statute of limitations, have received notice of the litigation so that he will not be prejudiced in maintaining his defense on the merits. Third, the plaintiff must show that the new defendant knew or should have known that, but for a "mistake concerning the identity of the proper party," the action would have been brought against him.

Recommended Citation

David Newborn , Rule 15(c) of the Federal and Arkansas Rules of Civil Procedure: Amending Pleadings after the Statute of Limitations Has Run, 1984 Ark. L. Notes