AMENDMENTS. Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. United States Code - Page 6097by United States - 1965Full view - About this book
| United States. Supreme Court - 1940 - 894 pages
...maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence. (c) RELATION BACK OF...transaction, or occurrence set forth or attempted to be set.forth in the original pleading, the amendment relates back to the date of the original pleading.... | |
| United States. Court of Claims, Audrey Bernhardt - 1959 - 1028 pages
...of section 15 of the 1942 Act. Rule 18 (c) of the Rules of the Court of Claims provides as follows : Relation Back of Amendments: Whenever the claim or...relates back to the date of the original pleading. Plaintiff's situation would appear to come within the scope of the above quoted rule. In the case of... | |
| United States. Patent Office - 1953 - 476 pages
...maintenance of any action under RS 4915. But, under Rule 15 (c) of the Federal Rules of Civil Procedure, "Whenever the claim or defense asserted in the amended...relates back to the date of the original pleading." An amendment of the nature sought here, which would cut down rather than expand the claims for relief... | |
| United States. Congress. Senate. Committee on the Judiciary - 1938 - 58 pages
...relation back to the date of the original pleading of an amendment under rule 15 (c) whenever the claim "asserted in the amended pleading arose out of the...attempted to be set forth in the original pleading," result in the continuance in the Federal court of litigation which would be barred under the State... | |
| United States - 1988 - 1120 pages
...party's action or defense upon the merits. The court may grant a continuance to enable the objecting mpilations from which Information can be obtained,...or contain matters within the scope of Rule 26(b) An amendment changing the party against whom a claim is asserted relates back if the foregoing provision... | |
| United States. Department of Agriculture - 1998 - 988 pages
...that [a]n amendment of a pleading relates back to the date of the original pleading when * * * (2) the claim or defense asserted in the amended pleading...attempted to be set forth in the original pleading. (Emphasis added.) The Complaint makes explicit reference to the January 12 decision, (see Compl. 1... | |
| Austin Wakeman Scott, Sidney Post Simpson - 1946 - 998 pages
...evidence. 'See Johnson v. Carroll, 272 Mass. 134 (1930); Note, 74 ALR 1280 (1931). (c) Relation Back oj Amendments. Whenever the claim or defense asserted...amendment relates back to the date of the original pleading.1 (d) Supplemental Pleadings. Upon, motion of a party the court may, upon reasonable notice... | |
| United States. Indian Claims Commission - 1947 - 40 pages
...in maintaining its claim or defense. The Commission may grant a continuance to enable the objecting party to meet such evidence. (c) Relation back of...relates back to the date of the original pleading. SEC. 14. Interrogatories to parties and depositions pending action. (a) Interrogatories to 'parties.... | |
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