context: Thus, the touchstone of the relation back doctrine is fairness; does the substituted or additional party have fair notice of the cause of action, within the prescribed statutory period, such that the party's rights will not be prejudiced? In construing this rule, as with all rules of procedure, we are governed by the "general philosophy of the pleading rules": the rules should be liberally construed to insure that no plaintiff is deprived of his day in court solely because of the intricacies and technical limitations of pleading. Rather, our policy remains that decisions should be rendered on the merits of the case.
citation_a.signal: see also
citation_a.identifier: 346 U.S. 945, 946
citation_a.parenthetical: the "principal function of procedural rules should be to serve as useful guides to help, not hinder, persons who have a legal right to bring their problems before the courts"
citation_a.sentence: See id. at 15-146; Merrill v. Faltin, 430 P.2d 913, 915 (Alaska 1967) (“the purpose of pleading under our civil rules [is] to facilitate a proper decision on the merits of the controversy”); see also Alaska R.Civ.P. 1 (“These rules shall be construed to secure the just, speedy and inexpensive determination of every action and proceeding.”); Order Adopting Revised Rules of the Supreme Court of the United States, comments of Justice Black, 346 U.S. 945, 946 (1954) (the “principal function of procedural rules should be to serve as useful guides to help, not hinder, persons who have a legal right to bring their problems before the courts”).
citation_b.signal: see
citation_b.identifier: 430 P.2d 913, 915
citation_b.parenthetical: "the purpose of pleading under our civil rules [is] to facilitate a proper decision on the merits of the controversy"
citation_b.sentence: See id. at 15-146; Merrill v. Faltin, 430 P.2d 913, 915 (Alaska 1967) (“the purpose of pleading under our civil rules [is] to facilitate a proper decision on the merits of the controversy”); see also Alaska R.Civ.P. 1 (“These rules shall be construed to secure the just, speedy and inexpensive determination of every action and proceeding.”); Order Adopting Revised Rules of the Supreme Court of the United States, comments of Justice Black, 346 U.S. 945, 946 (1954) (the “principal function of procedural rules should be to serve as useful guides to help, not hinder, persons who have a legal right to bring their problems before the courts”).