Amendment of a Complaint to Relate Back to the Date the Original Complaint Was Filed

Rule 1-015(C) NMRA 2001 allows the amendment of a complaint to relate back to the date the original complaint was filed if certain conditions are met

Under Rule 1-015(C), it is not enough that a defendant is aware that an action may be brought by the plaintiff. Rather, Rule 1-015(C)(1) requires that a plaintiff prove that the defendant "has received notice of the institution of the action."

In Macias v. Jaramillo, 2000 NMCA 86, 7-29, 129 N.M. 578, 11 P.3d 153, the Court held that the plaintiff had satisfied this requirement where:

(1) the plaintiff had filed a claim against the defendant insurance company immediately after an accident;

(2) he had corresponded with the insurance company and other defendants for several months prior to filing the original complaint;

(3) the insurance company knew that the complaint had been filed;

(4) the insurance company retained counsel to defend itself and the original defendants.