Noor v. State

Associate Chief Justice Lee, dissenting:

¶61 Rule 15(c) states that "[a]n amendment to a pleading relates back to the date of the original pleading when ... the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out ... in the original pleading." UTAH R. CIV. P . 15(c)(2). The key question presented here concerns the meaning of "conduct, transaction, or occurrence." The majority treats this question as a matter dictated by our precedent, particularly Behrens v. Raleigh Hills Hosp., Inc. , 675 P.2d 1179 (Utah 1983), and Peterson v. Union Pac. R.R.…