AL Bar Practice Questions - Alabama Bar Examination Exam

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A federal plaintiff moves to amend her complaint after the statute of limitations has run, seeking to add a new claim arising from the same conduct described in the original pleading. Under FRCP 15(c), when does the amendment relate back to the date of the original pleading?

When the amendment asserts a claim that arose out of the same conduct, transaction, or occurrence set out in the original pleading Never; amendments after the limitations period are barred Only if the defendant consents in writing Whenever the plaintiff acts in good faith

Correct Answer:

When the amendment asserts a claim that arose out of the same conduct, transaction, or occurrence set out in the original pleading

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