Relation back may apply to adding a new defendant in which scenario?

Relation back may apply to adding a new defendant in which scenario?

• A. The new defendant participated in the same conduct, transaction, or occurrence.
• B. The plaintiff changes lawyers.
• C. The new defendant filed a cross-claim.
• D. The new defendant is a completely different party.

Answer: (A)

In North Carolina, relation back under Rule 15(c) applies when the new defendant’s involvement comes from the same conduct, transaction, or occurrence that the original complaint revolves around. If the new defendant participated in that same incident, naming them later doesn’t introduce a new claim—it extends the case to cover that party, allowing service to relate back to the original filing date for purposes of the statute of limitations. Changing lawyers doesn’t affect who is sued or the factual basis of the claim. A cross-claim is an assertion between existing parties in the case, not about adding a new party to the action. A completely different party would bring in different facts and a different nucleus of facts, so relation back generally wouldn’t apply.

In North Carolina, relation back under Rule 15(c) applies when the new defendant’s involvement comes from the same conduct, transaction, or occurrence that the original complaint revolves around. If the new defendant participated in that same incident, naming them later doesn’t introduce a new claim—it extends the case to cover that party, allowing service to relate back to the original filing date for purposes of the statute of limitations.

Changing lawyers doesn’t affect who is sued or the factual basis of the claim. A cross-claim is an assertion between existing parties in the case, not about adding a new party to the action. A completely different party would bring in different facts and a different nucleus of facts, so relation back generally wouldn’t apply.