ND Bar Practice Questions - North Dakota Bar Examination Exam

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Under N.D.R.Civ.P. 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 plaintiff merely files within the limitations period for the new claim The new party received notice within the Rule 4(m) period such that it will not be prejudiced and knew or should have known the action would have been brought against it but for a mistake concerning identity The new party consents in writing to being added The amendment adds a wholly new and unrelated claim

Correct Answer:

The new party received notice within the Rule 4(m) period such that it will not be prejudiced and knew or should have known the action would have been brought against it but for a mistake concerning identity

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