Civil Procedure Multistate Bar Practice Exam

Under what circumstance will an amended pleading relate back when changing the defendant?

1. If the new defendant is willing to accept service

2. If the original defendant had no knowledge of the claims

3. If it concerns the same conduct and the new defendant knew of the case

4. If the court approves the change before trial

The correct answer is: If it concerns the same conduct and the new defendant knew of the case

An amended pleading that changes the defendant can relate back to the date of the original pleading if the new defendant had notice of the action and knew or should have known that they would have been named as a defendant but for a mistake concerning the identity of the proper party. This principle is rooted in the idea that the new defendant should not be prejudiced by the timing of the amendment, especially if they were aware of the claims against them and the case itself. In this situation, the requirement that the new defendant knows of the case emphasizes fairness—ensuring that the defendant has an opportunity to respond and defend themselves, despite the procedural change. It follows the Federal Rules of Civil Procedure, specifically Rule 15(c), which governs the relation-back doctrine in federal cases. Thus, if the proposed amendment relates to the same conduct or transaction as the original claim, and the new defendant had this requisite knowledge, the change in the defendant will relate back to the original filing date. The other options do not meet the requirements for relation back. For instance, merely having a new defendant who is willing to accept service does not ensure relation back without the necessary knowledge of the claims. Similarly, a lack of knowledge on the part of the original defendant would not automatically