Joinder Flashcards
Rule 18(a)
A party asserting a claim, crossclaim, counterclaim, or 3rd party claim may join as independent or alternative claims, as many claims as it has against the opposing party (has to already assert 1 claim)
Rule 13(a)
Counterclaim and Crossclaim
(a) Compulsory Counterclaim (if you don’t do it, you waive the claim)
1. A pleading must state as a counterclaim any
claim that - at the time of its service - the pleader
has against the opposing party if the claim:
(a) Arises out of the Same Transaction or
Occurrence that is the subject matter of the
opposing party’s claim; and
(i) Broad interpretation of a logical
relationship to be compulsory
(b) Does not require adding another party
over whom the court can’t acquire jurisdiction
2. Exceptions. The pleader need not state the claim
if:
(a) When the action was commenced, the claim
was the subject of another pending action; or
(b) The opposing party sued on its claim by
attachment or other process that did not
establish personal jurisdiction over pleader on
that claim, and pleader does not assert any
counterclaim under this rule
Rule 13(b)
Permissive Counterclaim: a pleading may state as a counterclaim against an opposing party any claim that is not compulsory (not related to original claim
Rule 13(g)
Crossclaim Against a Coparty: A pleading may state as a crossclaim any claim by one party against a coparty of the claim Arises out of the Same Transaction or Occurrence 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 cross claimant for all or part of the claim asserted.
Rule 13(h)
Joining Additional Parties. Rules 19 & 20 govern the addition of a person as a party to a counterclaim or crossclaim
Rule 42(b)
Separate Trials: for convenience, to avoid prejudice, or to expedite and economize, the court may order a separate trial of one or more separate issues, claims, crossclaims, counterclaims, or 3rd party claims. When ordering a separate trial, courts must preserve a federal jury trial.
Rule 20(a)
(a) Persons who may join or be joined (for P to ad parties)
(1) Plaintiffs. Persons may join in one action as a
plaintiff if:
(A) They assert any right to relief, jointly,
severally or in the alternative with respect to
arising out of the same transaction or
occurrence or series
(i) Logical relationship
(a) No number of law or facts
specifically required
(B) Any question of law or facts common to all
plaintiffs will arise in this action
(i) No specific number of common law or
facts
(2) Defendants. Persons - as well as a vessel,
cargo or other property subject to admiralty
processes in rem - 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 or occurrence, or series of and
(B) Any question of law or fact common to
all defendants will arise in the action
Policy: to be fair to defendants and
promote efficiency
(3) Extent of relief. Neither a plaintiff nor a
defendant need be interested in obtaining or
defending against all the relief demanded. The
court may grant judgment to one or more
plaintiffs according to their rights and against
one or more defendants for their liabilities.
Rule 21
Misjoinder and nonjoinder of parties : Misjoinder of parties is not a ground for dismissing an action. On a motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also serve a claim against a party.
*Separating parties make defendants look better
to a jury
Rule 14(a)
Third party Practice (usually defendant but can be plaintiff if counterclaim)
(a) When a defending party may bring a 3rd party:
(1) Timing of summons and complaint. A
defending party may as a 3rd party plaintiff serve
a summons & complaint on a non-party who is
or may be liable to it for all or part of the claims
against it. But the 3rd party plaintiff must, by
motion, obtain the court’s leave if it files the c c
complaint more than 14 days after serving the
original answer.
Defending party must have a claim against
non-party to bring them in
Can not implead a 3rd party that is only
liable to the plaintiff
*Can’t offer up another defendant
(2) 3rd party defendant’s Claims and Defenses.
The person served w/ summons & 3rd party
complaint- the 3rd party defendant:
(A) Must assert any defenses against 3rd
party Plaintiff under rule 12
(B) Must assert any counterclaims against
3rd party plaintiffs under rule 13(a) and
may assert any counter claims under 13(b)
or any cross claim under 13(g)
(C) May assert against the plaintiff any
defense that the 3rd party plaintiff has to
the plaintiff’s claim and;
(D) May assert against the plaintiff any
claim ASTO that is subject matter of the
plaintiff’s claim against 3rd party plaintiff.
(3) Plaintiff’s claims against a 3rd party
defendant. Plaintiff may assert against a 3rd
party defendant any claim ASTO that is the
subject matter of plaintiff’s claim against 3rd
party plaintiff. a 3rd party defendant must then
assert any defenses under rule 12 & any
counterclaim under 13(a), and may assert any
counterclaim under 13(b) or cross claim under
13(g).
(4) Motion to strike, serve, or try separately. (any
party)
(5) 3rd party defendant’s claim against a
nonparty. 3rd party defendant may proceed
against a nonparty who is/may be liable to 3rd
party defendant for all or part of claim (4th party)
Rule 14(b)
When a Plaintiff may bring a 3rd party. When a claim is asserted against the plaintiff, the plaintiff may bring in a 3rd party if this rule would allow the defendant to do so.
Rule 19(a)
(a) Persons required to be joined if feasible
(1) Required party. A person who is subject to
service of process and whose joinder will not
deprive the court of subject matter jurisdiction
must be joined as a party if:
(A) In that person’s absence the court can’t
accord relief among existing parties; or,
* Ex. P sues only 1 joined owner of
property
(B) That person claims an interest relating
to the subject of the action and is so
situated that disposing of the action in
that party’s absence may:
(i) As a practical matter impair or
impede the person’s ability to
protect their interest; or,
*Ex. Limited fund, $ need to be
equitably divided or Injunction
that affects a non party
(ii) Leave an existing party subject to
a substantial risk of incurring
double, multiple, or otherwise
inconsistent obligations because of
the interest.
(2) Joinder by court order. If a person has not
been joined as required, the court must order
that the person be made a party. A person who
refuses to join as a plaintiff may be made
either a defendant, or in a proper case,
involuntary plaintiff.
(3) Venue. If a joined party objects to joinder
and joinder would make the venue improper,
the court must dismiss that party
Rule 19(b)
(b) When joinder is not feasible. If a person who is required to be joined if feasible can’t be joined, the court must determine whether, in equity and good conscience, the action should proceed among the existing parties or should be dismissed, Factors include:
(1) The extent to which a judgment rendered in
the person’s absence might prejudice that
person or existing parties:
(2) The extent to which any prejudice could be
lessened or avoided by:
(A) A protective provision in the judgment;
(B) Shaping the relief; or
(C) Other measures;
(3) Whether a judgment rendered in the
person’s absence would adequate; and
(4) Whether the plaintiff would have an
adequate remedy if the action were dismissed
for non joinder.
Rule 19(c)
(c) Pleading reason for non joinder. When asserting a claim for relief, a party must state:
(1) The name, if known of any person who is
required to be joined if feasible but is not joined;
and
(2) The reason for non joining that person
Rule 19(d)
Exception for class action. Subject to rule 23.
Rule 24(a)
(a) Intervention of right. On a timely motion, the court must permit anyone to intervene who:
1. Is given unconditional right to intervene by a
federal statute; or
2. Claims an interest relating to the property or
transaction that is the subject of the action,
and is so situated disposing of the action
may as a practical matter impair or impede
the movant’s ability to protect its interest
unless existing parties adequately represent
that interest.
a) Factors to Establish for Right of
Intervention
i) The motion was timely
a) Length of time the intervenor
knew of their interest
b) The extent that existing parties
will suffer
ii) They have a substantial legal
interest in the subject matter of
the case
iii) Their ability to protect that
interest may be impaired by their
absence
iv) The parties already before the
court may not represent their
interest
