Joinder

Question 1

What is Permissive Joinder? Rule 20

Answer 1

Allows multiple parties to join together in a single lawsuit, either as Plaintiff’s or Defendants

Question 2

What does ALL Joinder Require?

Answer 2

Subject Matter Jurisdiction: to ensure that courts have the legal authority to hear and decide the claims or disputes being joined

Question 3

When can multiple Plaintiff’s be joined? Rule 20(a)(1)

Answer 3

Multiple Plaintiff’s MAY join a civil action if:
1. They assert rights arising out of the same transaction or occurrence AND
2. Their claims share a question of law or fact (ex: defective product or a discriminatory policy)

Question 4

When can multiple Defendant’s be joined? Rule 20(a)(2)

Answer 4

Multiple defendants MAY be joined in a civil action if:
1. Rights asserted against them arise out of the same transaction or occurrence; and
2. Claims asserted against them share a question of law or fact. (ex: car accident involving several drivers)

Question 5

When can a Defendant Resist? Rule 20

Answer 5

Improper Joinder (Misjoinder):
1. Defendant’s may move to sever parties

2. Remedy is not dismissal: instead a court cam add, drop or sever claims against a party

Question 6

What is Compulsory Joinder? Rule 19

Answer 6

b. Requires certain parties to be joined in a lawsuit because their involvement is necessary for a fair and complete resolution to the issues

Question 7

Under Compulsory Joinder, a party is “necessary” and “required” and must be joined if:

Answer 7

1. Their absence would prevent the court from granting complete relief OR
2. If there interests are so intertwined with the case that proceeding without them would risk harming their rights/ interests OR
3. Subjecting existing parties (defendants) to inconsistent obligations

Question 8

Who need not be joined in C.J? Rule 19(a)

Answer 8

Joint Tortfeasors can sue separately because complete relief can be granted without them and the Plaintiff has the right to choose

Question 9

How can Defendant point out Plaintiff’s mistake? Rule 12(b)(7)

Answer 9

Defendants may assert failure to join a necessary party by motion

Question 10

What is the Remedy for Non-Joinder? Rule 19(a)(2)

Answer 10

Nonjoinder: failure to include a party in a lawsuit who should have been joined

The remedy for nonjoinder is not automatically dismissal, instead, a court can add a necessary party

Question 11

What if a Joinder is not feasible? Rule 19(b):

Answer 11

If joining a necessary party is not feasible (outside of the court’s jurisdiction), the court will assess whether to proceed without them or dismiss the case for nonjoinder