You have a case set for trial in a state trial court. You are tenth on the trial calendar, but the nine cases in front of you have crumbled and settled over the weekend. Plus, your most important witness is gone from your state based on your guess that the case wouldn’t be reached for trial. You’ve been hobbled by an Order granting a Motion in Limine excluding some of your evidence from trial. Even worse, the statute of limitations ran on your claims while your case was pending. And
NC Business Court: Motions To Amend And The Statute Of Limitations
Maybe you have the same nightmare that I do. You have moved to amend your Complaint to add a new defendant. The statute of limitations is about to run, but your motion to amend was made before the end of the limitations period. The problem is that you end up getting the Order allowing your amendment after the statute has run.
Is your addition of the new defendant time barred? You are probably worried, but you might be thinking that the principle of relation back (contained in NC Rule of
Continue Reading NC Business Court: Motions To Amend And The Statute Of Limitations