Instructions: For the four scenarios below, does the amended complaint avoid statute of limitations problems by relating back to the time the original complaint was filed? See FRCP 15(c)(1)(C).
Facts: Prior to the expiration of the statute of limitations (SOL), Paul sues Donald for negligence arising from a car accident. He files and serves the complaint on the same day. By good faith misidentification, Paul has sued the wrong person. Instead of suing Donald, he should have sued Debbie. At some point, Debbie gets undisputed notice that Paul sued Donald, and knows for certain that she rather than Donald should have been sued. Assume that Debbie is easily able to preserve any evidence that she might use in her defense. Realizing his mistake, Paul seeks and is granted leave to file and serve an amended complaint substituting Debbie for Donald. The amended complaint keeps the same negligence claim and only changes the naming of the defendant. Carefully analyze the four timing scenarios below. For each one, determine whether Paul’s amended complaint against Debbie relates back to the earlier complaint against Donald. Explain why. Draw a timeline showing what happened and when.
Timing scenarios:
- SCENARIO 1: 80 days after Paul files the suit Debbie receives notice & knowledge; 200 days after Paul files the suit the SOL expires; 30 days after the SOL expires, Paul files an amended complaint substituting Debbie for Donald as defendant.
- SCENARIO 2: 150 days after Paul files the suit, Debbie receives notice & knowledge; 30 days later, Paul files an amended complaint substituting Debbie for Donald as defendant; 30 days later, the SOL expires.
- SCENARIO 3: 150 days after Paul files the suit, Debbie receives notice & knowledge; 30 days later, the SOL expires; 30 days after the SOL expires, Paul files an amended complaint substituting Debbie for Donald as defendant.
- SCENARIO 4: 80 days after Paul files the suit, the SOL expires; 5 days later, Debbie receives notice & knowledge; 30 days after that, Paul files an amended complaint substituting Debbie for Donald as defendant.
Revised Oct. 14, 2016