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Federal Rules of Civil Procedure (FRCP) QUESTION #5677
Question 1
A plaintiff amends their complaint to add a new defendant after the statute of limitations has run. Under Rule 15(c)(1)(C), the amendment relates back if the new defendant received notice of the action within the period provided by Rule 4(m) and:
  • Knew or should have known the action would have been brought against it, but for a mistake concerning the proper party's identity.✔️
  • Is a subsidiary of the original defendant.
  • Suffered no prejudice from the delay.
  • Consents to the relation back.
Correct Answer Explanation
Rule 15(c)(1)(C) allows relation back when the party to be brought in knew or should have known that the action would have been brought against it, but for a mistake concerning identity.