Changing Parties Can Never Relate Back
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
19118_christian_bookstore_crash · CIVIL_PROCEDURE · Choice ANo, because the same-occurrence test applies only to plaintiffs.
Why it's attractive
Rule 15(c)(1)(B) imposes the same-occurrence requirement on party-change amendments too.
Why it's wrong
Rule 15(c)(1)(B) imposes the same-occurrence requirement on party-change amendments too.
19118_christian_bookstore_crash · CIVIL_PROCEDURE · Choice CYes, because notice after judgment is enough.
Why it's attractive
Notice must be within the Rule 4(m) period; post-judgment notice is too late.
Why it's wrong
Notice must be within the Rule 4(m) period; post-judgment notice is too late.
19118_christian_bookstore_crash · CIVIL_PROCEDURE · Choice DNo, changing parties can never relate back.
Why it's attractive
Rule 15(c)(1)(C) expressly provides a party-change route when the four requirements are met.
Why it's wrong
Rule 15(c)(1)(C) expressly provides a party-change route when the four requirements are met.
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