Next Generation Bar Exam Quiz
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CIVIL PROCEDURE
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Within the limitations period, Plaintiff was injured when an unidentified driver ran a red light. Plaintiff filed a timely federal complaint naming the driver as 'John Doe' and describing the vehicle and accident. More than 90 days later, Plaintiff learned the driver's identity and, after the limitations period had expired, moved to amend the complaint to substitute Richard Roe as the defendant. Roe admits that he learned of the lawsuit from a newspaper article within 90 days after the complaint was filed.
Under the Federal Rules of Civil Procedure, will the amendment relate back to the date of the original complaint?
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