Joinder Flashcards
Under FRCP 18, can the claims be unrelated?
yes, they can be unrelated under FRCP 18
What is FRCP 18?
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
What is FRCP 20 mainly about?
It is joinder rule concerning the joining of parties
What is FRCP 42 (b)?
FRCP 42 (b) allows the trial judge to order separate trials when the facts and evidences required for the two claims are different to each other and confuse the .
When ordering a separate trial, the court must preserve any federal right to a jury trial.
What is res judicata or claim preclusion?
you cannot bring a new claim on the same set of facts if it could have been brought before.
What is FRCP 20 (1)(a) , 20 (1)(b)
Plaintiffs may join in one action as plaintiffs if they assert a right to relief which come out of the same transaction, occurrence, or series of transactions or occurrences and
if any question of law or fact common to all plaintiffs will arise in the action.
What is FRCP 20 (a)(2)?
it is same as FRCP 20 (a)(1) but for defendants
What does FRCP 21 state?
Misjoinder of parties is not a ground for dismissing an action, court may at any time just drop or add a party, court may also sever a claim against a party.