MI Bar Practice Questions - Michigan Bar Examination Exam

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Under FRCP 15(c), an amended pleading that changes the party against whom a claim is asserted 'relates back' to the date of the original pleading when, among other things:

The amendment is filed within ten years The plaintiff pays an additional filing fee The original complaint named the correct party The claim arose out of the same conduct/transaction, and within the Rule 4(m) period the new party received notice and knew or should have known the action would have been brought against it but for a mistake concerning identity

Correct Answer:

The claim arose out of the same conduct/transaction, and within the Rule 4(m) period the new party received notice and knew or should have known the action would have been brought against it but for a mistake concerning identity

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