Can Rule 15(c)(1) be used by original parties to defeat a timely claim? The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?
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Can Rule 15(c)(1) be used by original parties to defeat a timely claim?
The Next CEO of Stack OverflowFederal Rule of Civil Procedure Rule 11If a federal law caused a breach of contract, then how can the claim not need mention the federal law?How can two separate federal judges rule on the same question at basically the same time?What happens to a permissive counterclaim after the original claim is dismissed?discovery serving parties dismisseddiscovery serving parties dismissed IICompulsory counterclaim rule in states of USAUnder what circumstances is the writ of mandamus normally used?Can a federal judge rule a higher sentence than the state attorney/prosecutor proposed in the US?Can multiple interrogatories be served so long as the net number of questions remains below the number permitted?
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15(c)(1)
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
asked 1 hour ago
David ReedDavid Reed
23428
add a comment |
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15(c)(1)
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
asked 1 hour ago
David ReedDavid Reed
23428
add a comment |
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15(c)(1)
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
asked 1 hour ago
David ReedDavid Reed
23428
I am currently in a scenario analogous to this one:
Can this hypothetical sequence of events occur in the Federal Arena (particularly 9th cir).
1.) Plaintiff brings a suit against party A before limitations
2.) Party A files an answer
3.) Limitations expires
4.) Plaintiff files amended pleading, adding party B and argues that it should relate back under Rule 15(c)(1)
5.) Parties A and B respond with motions to dismiss, arguing that it does not relate back and thus limitations has expired with respect to both parties.
6.) Court agrees, entire action becomes time-barred against not only party B but also party A.
united-states civil-procedure federal-courts
united-states civil-procedure federal-courts
asked 1 hour ago
David ReedDavid Reed
23428
asked 1 hour ago
David ReedDavid Reed
23428
edited 5 mins ago
David Reed
asked 1 hour ago
David ReedDavid Reed
23428
asked 1 hour ago
David ReedDavid Reed
23428
asked 1 hour ago
David ReedDavid Reed
23428
23428
add a comment |
add a comment |
1 Answer
1
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Generally, when you amend your pleading you ask for permission from the judge and are granted it, so if you filed within the time limit against party A, the court most likely would not say the time expired to file against party A. The rule even says "with leave to amend" so leave would be granted if you are talking about that rule.
Party B would have to ask that it be dismissed under the time rule and would win if the person who filed had no legal argument as to why they did not file in time. If the party who filed could show they couldn't have filed against party B in time, the judge might let it go forward, but it would probably be hard to say you could file against A in time, but not B.
It really just depends on the circumstances of why you didn't file against party B in time as to their part, but A wouldn't be excluded because you did file against A in time.
answered 1 hour ago
PutviPutvi
111
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Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
add a comment |
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1 Answer
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Generally, when you amend your pleading you ask for permission from the judge and are granted it, so if you filed within the time limit against party A, the court most likely would not say the time expired to file against party A. The rule even says "with leave to amend" so leave would be granted if you are talking about that rule.
Party B would have to ask that it be dismissed under the time rule and would win if the person who filed had no legal argument as to why they did not file in time. If the party who filed could show they couldn't have filed against party B in time, the judge might let it go forward, but it would probably be hard to say you could file against A in time, but not B.
It really just depends on the circumstances of why you didn't file against party B in time as to their part, but A wouldn't be excluded because you did file against A in time.
answered 1 hour ago
PutviPutvi
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
add a comment |
Generally, when you amend your pleading you ask for permission from the judge and are granted it, so if you filed within the time limit against party A, the court most likely would not say the time expired to file against party A. The rule even says "with leave to amend" so leave would be granted if you are talking about that rule.
Party B would have to ask that it be dismissed under the time rule and would win if the person who filed had no legal argument as to why they did not file in time. If the party who filed could show they couldn't have filed against party B in time, the judge might let it go forward, but it would probably be hard to say you could file against A in time, but not B.
It really just depends on the circumstances of why you didn't file against party B in time as to their part, but A wouldn't be excluded because you did file against A in time.
answered 1 hour ago
PutviPutvi
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
add a comment |
Generally, when you amend your pleading you ask for permission from the judge and are granted it, so if you filed within the time limit against party A, the court most likely would not say the time expired to file against party A. The rule even says "with leave to amend" so leave would be granted if you are talking about that rule.
Party B would have to ask that it be dismissed under the time rule and would win if the person who filed had no legal argument as to why they did not file in time. If the party who filed could show they couldn't have filed against party B in time, the judge might let it go forward, but it would probably be hard to say you could file against A in time, but not B.
It really just depends on the circumstances of why you didn't file against party B in time as to their part, but A wouldn't be excluded because you did file against A in time.
answered 1 hour ago
PutviPutvi
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Generally, when you amend your pleading you ask for permission from the judge and are granted it, so if you filed within the time limit against party A, the court most likely would not say the time expired to file against party A. The rule even says "with leave to amend" so leave would be granted if you are talking about that rule.
Party B would have to ask that it be dismissed under the time rule and would win if the person who filed had no legal argument as to why they did not file in time. If the party who filed could show they couldn't have filed against party B in time, the judge might let it go forward, but it would probably be hard to say you could file against A in time, but not B.
It really just depends on the circumstances of why you didn't file against party B in time as to their part, but A wouldn't be excluded because you did file against A in time.
answered 1 hour ago
PutviPutvi
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 1 hour ago
PutviPutvi
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
answered 1 hour ago
PutviPutvi
111
answered 1 hour ago
PutviPutvi
111
111
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Putvi is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
add a comment |
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
I am moved for leave to amend, but have not yet amended. 15.1(c) determines whether the amended pleading will be treated as having been filed on the same date as the original. That's the one I'm talking about. If I risk the amended pleading's filing date being treated as having been filed post-limitations, and the original party now gets to file a new response, I am concerned they can raise limitations in this new response. Does that make sense? Or would the case just revert back to the previously valid pleading?
– David Reed
21 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
You filed by the right date. They can respond to your filings, but if you turned the original filing in by the right date you are good. 15.1(c) talks about how to structure your amended filing. It doesn't change the date.
– Putvi
17 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
Yeah, 15(c)(1) of the Ninth Circuit rules refers to the structure of the filing.
– Putvi
5 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
To clarify again sorry, I mean 15(c)(1) of the federal rules of civil procedure, I just included 9th circuit in case the interpretation of this rule varies via circuit
– David Reed
4 mins ago
add a comment |
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