KS Bar Practice Questions - Kansas Bar Examination Exam

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A plaintiff seeks to add a defendant after the statute of limitations has run, arguing the amended pleading should 'relate back' to the original filing date. Under FRCP 15(c), relation back for changing a party is permitted when, among other conditions, the new party:

Received notice of the action within the Rule 4(m) period and knew or should have known the action would have been brought against it but for a mistake concerning identity Has never heard of the lawsuit Is willing to settle the case Resides in the same state as the plaintiff

Correct Answer:

Received notice of the action within the Rule 4(m) period and knew or should have known the action would have been brought against it but for a mistake concerning identity

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