Authority: IC 22-9-1-6

Affected: IC 22-9-1-6

Sec. 1. (a) 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 person against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against the person to be brought in by amendment, such person:

1. (1) has received such notice of the institution of the action that he or she will not be prejudiced in maintaining a defense on the merits; and
2. (2) knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him or her.

(b) With respect to a governmental organization, the requirements of subsection (a) may be satisfied by:

1. (1) in the case of a state or governmental organization, delivery or mailing of process to the attorney general or to a governmental executive; or

2. (2) in the case of a local governmental organization, delivery or mailing of process to:

   1. (A) its attorney as provided by statute;
   2. (B) a governmental executive thereof; or
   3. (C) the officer holding the office if suit is against the officer or an office.

(Civil Rights Commission; Rule 7, Sec 7.1; filed Mar 29, 1974, 4:16 p.m.: Rules and Regs. 1975, p. 208; filed Feb 7, 2000, 3:15 p.m.: 23 IR 1395; readopted filed Oct 25, 2001, 2:15 p.m.: 25 IR 942; readopted filed Oct 29, 2007, 2:55 p.m.: 20071128-IR-910070566RFA; readopted filed Nov 19, 2013, 9:07 a.m.: 20131218-IR-910130454RFA; readopted filed Sep 27, 2019, 2:32 p.m.: 20191030-IR-910190407RFA)