6. Joinder

Question 1

What is the rule for general joinder?

Answer 1

Rule 18 allows a plaintiff to assert any claims against an opponent, related or not, cannot be the first claim

Question 2

What is Rule 20 for joinder?

Answer 2

Rule 20a Plaintiff Joinder
Rule 20b Defendant Joinder

Parties can sue or defend together if they assert claims that arise out of the same transaction, occurrence, or series of transactions or occurrences or if their claims involve any question of law or fact common to all plaintiffs/defendants

Question 3

What allows the court to separate the claims to different trials?

Answer 3

Rule 42

Question 4

What are the rules for counterclaims?

Answer 4

Rule 13(a) Compulsory Counterclaims
Claims that arise out of the same issue or occurrence are waived if not brought. These claims would have SMJ under 1367 SJ

Rule 13(b) Permissive Counterclaims
Claims unrelated may be brought but it needs it sown basis for SMJ, SJ does not apply

Question 5

What are the rules for crossclaims?

Answer 5

Rule 13(g)
May state a crossclaim if it arises out of the same transaction or occurrence that is the subject matter of the original action or counterclaim

Rule 13(h)
Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim

Question 6

What is the rule governing impleader claims?

Answer 6

Rule 14
Allows defendants to expand a lawsuit by asserting claims against someone who was not made a party by the plaintiff and may be liable for all or part of any judgement made to defendant. Derivative liability.

After a third-party is impleaded, the new defendants may claim damages against them if it is the same transaction or occurence.