Joinder

Question 1

18. Joinder of claims

Answer 1

• Single P can join all claims against a D
• Joinder permissive not mandatory
• Trial judge has a right to sever joinder

Question 2

19. Required joinder of parties

Answer 2

• May be joined if:
• Complete relief cannot be accorded among the present parties without joining
• Absence may impede its ability to protect its interest

Question 3

20. Permissive Joinder of Parties

Answer 3

• Persons may join in one action as Ps or Ds if:
• Assert any right to relief jointly, severally
• Arises out the same transaction or occurrence; OR
• Any question or law common to all Ps or Ds will arise in the action

Question 4

24. Intervention of right

Answer 4

• The court must permit anyone to intervene who is given an unconditional right to intervene or claims an interest relating to the property or transaction that is the subject of the action….

Question 5

24. Permissive intervention

Answer 5

• The court may allow party to intervene:
• Has a claim or defense that shares with the main action a common question of law or fact

Question 6

Intervention: What does it do?

Answer 6

Authorizes a way for absent party to become a party to action

Question 7

14. Third party practice/Impleader

(when a defending party may bring in a third party)

Answer 7

• A defending party may (as third party plaintiff) serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.
• To pass all or part of their liability

Question 8

14. Third party practice/Impleader

(third party defendant’s claims and defenses)

Answer 8

• Must assert any defense against the third party plaintiff’s claim;
• Must assert any counterclaim against third party plaintiff - may assert any counterclaim and crossclaim
• May assert against the P any defense that the third party P has to the P’s claim; AND
• May assert against the P any claim arising out of the transaction or occurrence that is the subject matter of the P’s claim against the third party P
• Third party D may proceed against a nonparty who is or may be liable to the third party D

Question 9

22. Interpleader

Answer 9

• Interpleader is a form of action that allows a party to initiate a lawsuit to compel two or more parties to litigate a dispute

Question 10

23-A. Class actions

(reqs to have a class action)

Answer 10

• The class is so numerous that joinder of all members is impracticable
• There are questions of law or fact common to the class
• The claims or defenses of the representative parties are typical of the claims or defenses of the class; and
• The representative parties will fairly and adequately protect the interests of the class

Question 11

23-B. Class Actions

(one of the category that class action has to fit)

Answer 11

• Prosecuting separate actions by or against individual class members would create risk of inconsistent or varying adjudications.
• The party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole; or
• The court finds that the questions of law or fact common to class member s predominate over any questions affecting only individual members, and that a class action is superior to other available methods for fairly and efficiently adjudicating the controversy.

Question 12

42. Consolidation; Separate trials

Answer 12

• The court can consolidate unrelated cases for trial or hearing if they involve a common question of law or fact
• The court can order separate trials of issues or claims that occur in the same case