Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure – more specifically Rule 15, which deals with the instances in which a party can amend their pleading.
In this episode we discuss:
- A quick refresh on the statute of limitations
- The three major circumstances under which a party is likely to seek to amend their complaint
- Amending a party's pleading before the statute of limitations has run out
- How a plaintiff establishes that their amended complaint relates back to the original filing, if the statute of limitations has run out
- A look at the cases Krupski v. Costa Crociere and Singletary v. Pennsylvania Department of Corrections, in which the plaintiffs sought to amend their complaints
- Analyzing two hypos from previous California bar exams
Resources:
- "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, July 2011 (https://nwculaw.edu/pdf/bar/July%202011%20Essays%20and%20Sample%20Answers.pdf)
- California Bar Examination – Essay Questions and Selected Answers, February 2013 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/February-2013-CBX%20Selected%20Answers%20Essays.pdf)
- Krupski v. Costa Crociere (https://supreme.justia.com/cases/federal/us/560/538/)
- Singletary v. Pennsylvania Department of Corrections (https://caselaw.findlaw.com/court/us-3rd-circuit/1039805.html)
Download the Transcript (https://lawschooltoolbox.com/episode-435-listen-and-learn-amendments-to-pleadings-civ-pro/)
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Thanks for listening!
Alison & Lee