Also known as: relation-back doctrine · relation back · relation back rule
Written by attorneys · grounded in primary & secondary sources — see below
A procedural mechanism by which an amended pleading is deemed filed on the date of the original pleading when the law supplying the applicable statute of limitations permits relation back.
Ralph Richardson filed a timely federal diversity suit against West Land for wrongful withholding of a security deposit under State A law. After the limitations period expired, he moved to add Peak Housing as a defendant on the identical claim. Because State A law allows the amendment to relate back, the court treats the new claim as filed on the original date.
Riley Rivera sued Apex Industries for breach of a software licensing order. After the limitations period expired, she moved to add a claim for violation of a minimum-purchase term in the same order. The court permits the amendment because the new claim arises from the identical nonpayment transaction already pleaded.
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Renee Rogers sued River Jet for whistleblower retaliation. After the limitations period expired, she moved to add Urban Orbit, a wholly owned subsidiary sharing officers and headquarters, for the same termination. The court denies relation back because the entities maintained formal separateness and the subsidiary lacked timely notice.
An amendment relates back when the law supplying the statute of limitations permits it. The court therefore examines whether the forum state's limitations scheme allows the addition of the new party on the facts presented.
Supporting sources
No. The focus is on what the party to be added knew or should have known within the Rule 4(m) period, not on the plaintiff's diligence or awareness.
Supporting sources
Federal procedure incorporates the state relation back rule when the state statute of limitations supplies the time bar and that state's law permits relation back. The federal court therefore applies the more generous state standard if it exists.
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…the plaintiff knew or should have known of the proper defendant before filing her original complaint. The court also held that relation back was not appropriate because the plaintiff had unduly delayed in seeking to amend. We hold that relation back under Rule 15(c)(1)(C) depends on what the party to be added knew or should have…