Joinder Flashcards
Rule 13(a)
Authorizes Defendants flipping a claim by asserting Compulsory Counterclaims arising from the same event.
Counterclaim. (a) Compulsory counterclaim.
(1) In General. A pleading must state as a counterclaim any claim that—at the time of its service—the pleader has against an opposing party if the claim:
(A) arises out of the transaction or occurrence that is the subject matter of the opposing party’s claim
Rule 13(b)
Authorizes Defendants asserting Permissive Counterclaims (possibly different claims) not arising from the same event.
Counterclaim. (b) Permissive Counterclaim.
A pleading may state as a counterclaim against an opposing party any claim that is not compulsory
Rule 13(g)
Authorizes Co-Defendants/‘plaintiffs’ asserting Crossclaims against each other arising from the same event.
Crossclaim. (g) Crossclaim Against a Coparty.
A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. The crossclaim may include a claim that the coparty is or may be liable to the crossclaimant for all or part of a claim asserted in the action against the crossclaimant.
Rule 14(a)(1)
Authorizes Defendants to assert a claim against a Third-Party for contribution or responsibility for event they are being sued for.
Third Party Practice. (a) When a defending party may bring a third party
(1) Timing of the Summons and Complaint.
A defending party may, as a third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.
Rule 14(a)(2)(B)
Authorizes Third-Party defendants asserting counterclaims and crossclaims arising and not arising from same event
(a) When a defending party may bring in a Third Party. 2. Third-Party Defendants claims and Defenses
(B) Must assert any counterclaim against the third-party plaintiff under Rule 13(a), and may assert any counterclaim against the third party plaintiff under Rule 13(b) or any crossclaim against another third-party defendant under Rule 13(g);
Rule 18(a)
Authorizes Plaintiff Joinder (or stacking on) of their different claims.
Joinder of claims. (a) In General
A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.
Rule 20(a)(1)
Authorizes Plaintiffs joining in on one action w same claim
(a) Persons Who May Join or Be Joined.
(1) Plaintiffs. Persons may join in one action as plaintiffs if:
(A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all plaintiffs will arise in the action.
Rule 20(a)(2)
Authorizes defendants to be joined together to be held jointly and severally liable for same claim
(2) Defendants. Persons may be joined in one action as defendants if:
(A) any right to relief is asserted against them jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and
(B) any question of law or fact common to all defendants will arise in the action.