Rule 216.Relation Back of Amendments

Rule 216 decides whether an amendment is treated as filed when the case began — which matters when a limitations period has run in the meantime.

Three ways back

An amendment relates back when the law providing the applicable statute of limitations allows it; when the amendment asserts a claim or defense arising out of the conduct, transaction, or occurrence set out or attempted to be set out in the original pleading; or when it changes the party or the naming of the party against whom a claim is asserted.

Changing the party

That third route carries conditions. The same-transaction test must be satisfied, and within the Rule 204(b) period for serving the summons and petition — 182 days — the party to be brought in must have received such notice of the action that it will not be prejudiced in defending on the merits, and must have known or should have known that the action would have been brought against it but for a mistake concerning the proper party's identity.

The test is about a mistake, not a change of mind. It rescues a petitioner who sued the wrong entity by name; it does not let a petitioner add a newly-considered defendant after time has run.

The State

Where the State or an agency or officer is added by amendment, the notice requirements are satisfied if, during that period, process was delivered or mailed to the Idaho attorney general or designee, or to the officer or agency.

Real party in interest

Relation back of an amendment joining or substituting a real party in interest is governed by Rule 202, whose section (c) already provides that after ratification, joinder or substitution the action proceeds as if originally commenced by that party.