S.D. R. Civ. P. 15(c)

S.D. R. Civ. P. 15(c)

Definition

A rule of the South Dakota Rules of Civil Procedure allowing an amended pleading to relate back to the date of the original if the added claim or defense arose from the same transaction or occurrence set forth in the original pleading and if, with respect to an added defendant, the defendant (1) received notice of the suit within the statute of limitations, (2) will not be prejudiced by the delay, and (3) knew or should have known that she would have been included in the original pleading but for the plaintiff’s mistake.

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