So, you want to amend your complaint to add a claim after the statute of limitations has expired. Is it possible? The short answer is yes, it may be possible. As the Superior Court decision recently issued in the case of Mills v. J.E.M. Enterprises, Inc. reminds us, the amendment may be permitted if the complaint was filed before the statute expired and the Court is satsifed that the requirements of Superior Court Civil Procedure Rule 15 are satisfied. To meet the requirements of that Rule: (i) the claim to be added must relate back to the same conduct transaction or occurrence in the initial complaint, and (ii) the party opposing the amendment must have been put on notice of the existence of the potential additional claims in order to avoid prejudice to the opposing party’s ability to defend against the merits of the proposed claims. The Court’s analysis of Rule 15 may be read in its entirety here.
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