6 Claims added to a proceeding
period, when a claim is added to a proceeding previously
commenced, either through a new pleading or an amendment to
pleadings, the defendant is not entitled to immunity from liability
in respect of the added claim if the requirements of subsection (2),
(3) or (4) are satisfied.
(2) When the added claim
(a) is made by a defendant in t he proceeding against a claimant
in the proceeding, or
(b) does not add or substitute a claimant or a defendant, or
change the capacity in which a claimant sues or a defendant
is sued,
the added claim must be related to the conduct, transaction or
events described in the original pleading in the proceeding.
(3) When the added claim adds or substitutes a claimant, or
changes the capacity in which a claimant sues,
(a) the added claim must be related to the conduct, transaction
or events described in the original pleading in the
proceeding,
(b) the defendant must have received, within the limitation
period applicable to the added claim plus the time provided
by law for the service of process, sufficient knowledge of
the added claim that the defendant will not be prejudiced in
maintaining a defence to it on the merits, and
(c) the court must be satisfied that the added claim is necessary
or desirable to ensure the effective enforcement of the
claims originally asserted or intended to be asserted in the
proceeding.
(4) When the added claim adds or substitutes a defendant, or
changes the capacity in which a defendant is sued,
RSA 2000
(a) the added claim must be related to the conduct, transaction
or events described in the original pleading in the
proceeding, and
(b) the defendant must have received, within the limitation
period applicable to the added claim plus the time provided
by law for the service of process, sufficient knowledge of
the added claim that the defendant will not be prejudiced in
maintaining a defence to it on the merits.
(5) Under this section,
(a) the claimant has the burden of proving
(i) that the added claim is rel ated to the conduct, transaction
or events described in the original pleading in the
proceeding, and
(ii) that the requirement of sub section (3)(c), if in issue, has
been satisfied,
and
(b) the defendant has the burden of proving that the requirement
of subsection (3)(b) or (4)(b), if in issue, was not satisfied.
1996 cL-15.1 s6