Galion v. Conmaco International, Inc.

OPINION

SOSA, Senior Justice.

The sole issue presented on appeal is whether, pursuant to N.M.R.Civ.P. 15(c), a party to be brought in by amendment must receive notice of the action within the time provided by the statute of limitations. The applicable rule is as follows:

Whenever the claim or defense asserted in the amended pleading arose out of the conduct, 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. An amendment changing the party against whom a claim is asserted relates back if the…