25-5-103, MCA


[1999] Lanz v. Liberty Northwest Ins. Corp. [08/03/05] 2005 MTWCC 44 An amended petition adding a new party does not relate back to the original petition for statute of limitations purposes where there is no showing that the new party was, within the limitations period, aware of the filing of the petition and knew, or should have known, that the petitioner had made a mistake concerning its identity, or where the petition failed to name fictitious respondents whose true identities were unknown. Rule15(c), Mont. R. Civ. P. and § 25-5-103, MCA (1999).