8. Joinder (Rule 13/14/19/22/24)

Question 1

What is required for compulsory joinder under Rule 19?

Answer 1

NO matter of right

1) PJ
2) SMJ
3) Proper venue
4) Absentee joinder necessary (NOT matter of right)
- Protect interests in case that were not adequately represented

Question 2

What is required for permissive joinder under Rule 19?

Answer 2

NO matter of right

• SMJ
• Supp J (same T/O + diversity)

Question 3

What may compulsory joinders proceed upon?

Answer 3

Extent of prejudice/avoiding prejudice

Adequacy of judgment/remedy without joinder

Question 4

What is required for third party intervention (Rule 24)?

Answer 4

Matter of right

1) Claim interest in main case
2) NO adequate representation of TP’s rights

Permissively

1) SMJ
2) Supp J (common q fact/law)

Question 5

What is required for third party impleader (Rule 14)?

Answer 5

1) SMJ/Supp J
- NO diversity required

2) Derivative liability
- TP must be ‘secondarily’ liable to D, if D is ‘is/may be’ liable to P (NOT TP is ‘solely’ liable)
- Based on P’s claim outcome

3) Motion;
- Within 14 days after D’s answer
- After 14 days after D’s answer + leave of court

Question 6

Can courts rule out third party impleaders?

Answer 6

Yes

- If court thinks impleader is not just

Question 7

What is required for cross-claim under Rule 13?

Answer 7

Supp J (same T/O)

• Same issues of fact/law
• Same evidentiary support
• Logical relationship
• NO res judicata (privity between P + D)

Question 8

What is difference between impleader and intervention?

Answer 8

Impleader

• Derivative liability
• D impleads TP

Intervention

• TP’s protection of own interest
• TP intervenes

Question 9

Can third party impleader assert defences?

Answer 9

Derivative defence vs Plaintiff
- If D can asserts defence vs P + prevent D’s liability to P => TP can assert same defence vs P + prevent TP’s liability to P

Personal defence vs Defendant
- TP can assert defence vs D + prevent TP’s liability to D (NOT on behalf of D vs P)

Question 10

Can permissive joinders be disallowed?

Answer 10

Undue delay/prejudice to adjudication of parties’ rights

Question 11

What is interpleader?

Answer 11

1) X possesses property (NOT ownership)
2) Y + Z claimants dispute over property ownership
3) X can initiate lawsuit between Y + Z
- Prevent X being sued twice over property

Question 12

What is required for interpleader?

Answer 12

Rule 22 FRCP

1) Diversity citizenship (Owner + Claimant 1 + Claimant 2)
2) Amount in controversy > $75,000
3) Service of process (DPC reqs)
4) Venue (DPC reqs)

Section 1335, US Justice Code

1) Diversity citizenship (Claimant 1 + 2, NOT Claimants 3, 4, etc)
2) Amount in controversy > $500
3) Service of process (nationwide)
4) Venue (ANY Claimant resides)
5) SMJ (P deposits stake with court registry)

Question 13

Are cross-claims mandatory?

Answer 13

NO

• Can assert in existing claim
• Can assert in new claim

Question 14

How can impleaded party file action against plaintiff?

Answer 14

1) Same t/o

2) Assert action in;
- Existing action
- New action (NEVER compulsory)

Question 15

What is required in defendant’s counterclaim under Rule 13?

Answer 15

Compulsory counterclaim

1) Same T/O
2) SMJ/Supp
3) Assert in current suit

Permissive counterclaim

1) SMJ (NO supp)
2) PJ
3) Assert in new suit