 | United States. Supreme Court - Courts - 1940 - 894 pages
...the merits. The court may grant a continuance to enable the objecting party to meet such evidence. (c) RELATION BACK OF AMENDMENTS. Whenever the claim...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. 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 - Law - 1965 - 860 pages
...upon the merits. The court* shall afford the objecting party an opportunity to meet such evidence. (c) Relation back of amendments. — Whenever the claim or defense asserted in the amended pleadIn; arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth... | |
 | United States. Department of Agriculture - Agricultural laws and legislation - 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... | |
 | Administrative law - 1978 - 1052 pages
...defense. The Commission may grant a continuance to enable the objecting party to meet such evidence. (c) Relation back of amendments. Whenever the claim...pleading arose out of the conduct, transaction, or occurence set forth or attempted to be set forth in the original pleading, the amendment relates back... | |
 | Administrative law - 1979 - 1052 pages
...defense. The Commission may grant a continuance to enable the objecting party to meet such evidence. (c) Relation back of amendments. Whenever the claim...pleading arose out of the conduct, transaction, or occurence set forth or attempted to be set forth in the original pleading, the amendment relates back... | |
 | United States. Supreme Court - Civil procedure - 1956 - 560 pages
...trial by jury is not revoked by an amendment of a pleading asserting only a claim or defense arising out of the conduct, transaction, or occurrence set...attempted to be set forth in the original pleading." The Committee's Note showed that the provision was intended to overrule Bereslavsky v. Caffey, Bereslavsky... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1958 - 522 pages
...describes transactions "attempted to be set forth" to permit amendment under FRCP 15 (c), as follows : "(c) Relation Back of Amendments. Whenever the claim...in the amended pleading arose out of the conduct, transactions, or occurrence set forth or attempted to be set forth in the original pleading, the amendment... | |
 | United States. Congress. Senate. Committee on the Judiciary - Administrative procedure - 1958 - 652 pages
...describes transactions "attempted to be set forth" to permit amendment under PRCP 15 (c) , as follows : "(c) Relation Back of Amendments. Whenever the claim...in the amended pleading arose out of the conduct, transactions, or occurrence set forth or attempted to be set forth in the original pleading, the amendment... | |
 | United States. Congress. Senate. Committee on the Judiciary - Passports - 1958 - 654 pages
...describes transactions "attempted to be set forth" to permit amendment under FECP 15 ( c ) , as follows : "(c) Relation Back of Amendments. Whenever the claim...in the amended pleading arose out of the conduct, transactions, or occurrence set forth or attempted to be set forth in the original pleading, the amendment... | |
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... arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading... 
