G. Parties

Question 1

Who is Necessary Party?*

Answer 1

If complete relief is accordable between parties => Ought to be Necessary Party

If party may be inequitably affected by judgment in action => Ought to be Necessary Party

Question 2

When must Necessary Party be joined in action?

Answer 2

Subject to Court’s jurisdiction

OTHERWISE Court may allow action to proceed w/o Necessary Party (when justice requires)

Question 3

When may Permissive Joinder of claims be allowed?*

Answer 3

Claims arise out of same T/O

Claims have qs of law/fact in common

Question 4

What type of Joinder of Necessary Party may be ground for dismissal?

Answer 4

Non-joinder

NOT misjoinder

Question 5

What is Impleader?*

Answer 5

1) D may proceed vs Non-Party (Impleader)
2) Impleader is/may be liable to D for P’s claim against D (all/NOT all)
3) Bringing Impleader into P’s original claim

Question 6

What is required for Impleader?

Answer 6

1) TP summons + complaint
2) Filed with Clerk
3) Served on P + TP
4) Within 120 days of filing

Question 7

What is the time limit for P to amend Complaint?

Answer 7

Within 20 days after service of TP’s answer to P