Joinder

Question 1

How many claims may a P join?

Answer 1

as many as they have; no connection required

Question 2

When may a litigant or court join parties?

Answer 2

if the claims involving that party derive from the same transaction or occurrence or at least the same series of transactions or occurrences.

The court also may compel the joinder of any party necessary for full and fair adjudication

Question 3

When are counterclaims permissive?

Answer 3

Counterclaims that do not derive from the same transaction or occurrence as plaintiff’s claims may be filed. (This is like the federal rule.)

Question 4

When are counterclaims compulsory?

Answer 4

Counterclaims that do derive from the same transaction or occurrence as the plaintiff’s claim must be filed, or the claim is waived. (This too is like the federal rule.)

Question 5

Impleader

Answer 5

defendant may implead a new third party if the new party may be liable to them for all or part of the same liability to the plaintiff.

Question 6

Interpleader

Answer 6

holder of a common fund may file as a plaintiff and interplead as defendants all rival claimants to its common fund. Example: insurance company

Question 7

Intervention

Answer 7

Non party intervenes in ongoing lawsuit

Question 8

Intervention as of right

Answer 8

available when the intervening party’s interest, as a practical matter, is adversely affected and not protected by the parties.

Question 9

Permissive Intervention

Answer 9

discretionary with the court and requires a commonality of issues between those in the suit and those affecting the intervenor.

Question 10

What is a class action suit?

Answer 10

action by a named plaintiff who represents a class of commonly situated absent plaintiffs