Joinder Flashcards
What does joinder do?
Joins multiple claims into one case (all must have SMJ)
Proper defendants and plaintiffs joinder rule
The claims by multiple plaintiffs or against multiple defendants must :
1. arise from the same transaction or occurrence and
2. raise at least one common question of law or fact
Why would a court force a nonparty into a case?
Absentee is necessary or required which means that without the absentee the court cannot accord complete relief among the existing parties or absentee’s interest may be harmed if not joined or absentee claims an interest that subjects a party (usually D) to a risk of multiple obligations
Are joint tortfeasors considered necessary?
No
When is joining an absentee feasible?
there is PJ over absentee and SMJ over claim by or against absentee
What happens when the absentee cannot be joined?
Court determines whether to proceed without absentee or dismiss entire case
Factors:
1. alternative forum available?
2. Likelihood of harm to absentee?
3. court can shape relief to avoid that harm to absentee?
What is a counterclaim?
A claim against an opposing party
When must plaintiff respond to a counterclaim from defendant?
Within 21 days of service of the counterclaim
What is a compulsory counterclaim?
One that arises from the same transaction or occurrence as the plaintiff’s claim. Defendant must file the compulsory counterclaim in the pending case or the claim is waived
What is a permissive counterclaim?
One that does not arise from the same transaction or occurrence as the plaintiff’s claim. May sue in a separate case
Do counterclaims need smj?
yes
What is a crossclaim?
A claim against a coparty that arises form the same transaction or occurrence as the underlying action.
It can be asserted in another case
What is an impleader claim?
One where a defending party is bringing in a new party
What is the impleader claim used for (defendant)?
used to shift to the third party defendant the liability that the defendant will owe to the plaintiff. Looking to have TPD to pay all or part of his own liability
What is indemnity?
shift liability completely to TPD