Dotson v. Rainbolt’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “C. RELATION BACK OF AMENDMENTS. An amendment of a pleading relates back to the date of the original pleading when: 1. Relation back is permitted by the law that provides the statute of limitations applicable to the action; or 2. 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; or 3. The amendment changes the party or the naming of the party against whom a claim is asserted if paragraph 2 of this subsection is satisfied and, within the period provided by subsection I of Section 2004 of this title for service of the summons and petition, the party to be brought in by amendment: a. Has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits; and b. 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. An amendment to add an omitted counterclaim does not relate back to the date of the original answer. The delivery or mailing of process to the Attorney General of Oklahoma, or an agency or officer who would have been a proper defendant if named, satisfies the requirements of subparagraphs a and b of this paragraph with respect to the State of Oklahoma or any agency or officer thereof to be brought into the action as a defendant.”

   2 later decisions quote this exact passage
   e.g. Bray v. Thomas Energy Systems, Inc. · 2003 OK CIV APP 83 - Tisdale v. ITW Ramset/Red Head

2. “(1) the plaintiff's claim against the newly-named defendant must have arisen "out of the conduct, transaction, or occurrence set forth ... in the original pleading," see 12 ©.S.2001 § 2015(C)(2); (2) within 180 days of the filing of the original petition, the newly-named defendant must have "received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits," see 12 00.98.2001 § 2015(C)(8)(a); and (3) within 180 days of the filing of the original petition, the newly-named defendant "knew or should have known that, but for a mistake concerning [his] identity," the action would have been brought against him originally, see 12 ©.S.2001 § 2015(C)B)(b).”

   1 later decision quote this exact passage
   e.g. 2003 OK CIV APP 83 - Tisdale v. ITW Ramset/Red Head