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

The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond

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