435: Listen and Learn -- Amendments to Pleadings (Civ Pro)

Welcome back to the Law School Toolbox podcast! Today, in our "Listen and Learn" series, we're discussing the Federal Rules of Civil Procedure – more specifically Rule 15, which deals with the instances in which a party can amend their pleading.

In this episode we discuss:

• A quick refresh on the statute of limitations
• The three major circumstances under which a party is likely to seek to amend their complaint
• Amending a party's pleading before the statute of limitations has run out
• How a plaintiff establishes that their amended complaint relates back to the original filing, if the statute of limitations has run out
• A look at the cases Krupski v. Costa Crociere and Singletary v. Pennsylvania Department of Corrections, in which the plaintiffs sought to amend their complaints
• Analyzing two hypos from previous California bar exams

Resources:

• "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
• California Bar Examination – Essay Questions and Selected Answers, July 2011 (https://nwculaw.edu/pdf/bar/July%202011%20Essays%20and%20Sample%20Answers.pdf)
• California Bar Examination – Essay Questions and Selected Answers, February 2013 (https://www.calbar.ca.gov/Portals/0/documents/admissions/gbx/February-2013-CBX%20Selected%20Answers%20Essays.pdf)
• Krupski v. Costa Crociere (https://supreme.justia.com/cases/federal/us/560/538/)
• Singletary v. Pennsylvania Department of Corrections (https://caselaw.findlaw.com/court/us-3rd-circuit/1039805.html)

Download the Transcript 
(https://lawschooltoolbox.com/episode-435-listen-and-learn-amendments-to-pleadings-civ-pro/)

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Thanks for listening!

Alison & Lee