Joinder

Question 1

Rule 18: Joinder of Claims

Answer 1

party MAY join as many claims as it has against opposing party;
may join even though one claim is contingent on the disposition of the other

Question 2

Rule 42(b)

Answer 2

allows judge to separate claims for reasons of:
convenience
avoiding prejudice
economy

Question 3

Rule 20(a): Permissive Joinder of Parties

Answer 3

Persons MAY join as P or D if:
same TOO or series of TOOs
common question of law or fact

Question 4

Rule 20(b)

Answer 4

permits court to separate parties for purposes of trial or otherwise

Question 5

Lopez - Series of TOO test

Answer 5

Court considers 4 factors:
1. issues significantly different from one another?
2. requires testimony of different witnesses?
3. party opposing severance will be prejudiced?
party requestnig severance will be prejudiced

Question 6

Rule 13(a): Compulsory Counterclaim

Answer 6

Pleading MUST state as counterclaim any claim that:
arises out of same TOO
court has jurisdiction
exception: claim was already part of another pleading or no PJ
If not, claim barred

Question 7

Rule 13(b): Permissive Counterclaim

Answer 7

MAY state any CC against opposing party ANY claim of maintain proper jurisdiction

Question 8

Rule 13(d): Crossclaim Against Coparty

Answer 8

permissive, not compulsory;
MAY state claim against co party if same TOO or original action or existing counterclaim, or
if claim relates to any property that is subject matter of original action

Question 9

Necessary and Indispensable Parties (Compulsory Joinder) Test

Answer 9

1. Should absentee be joined?
2. Can absentee be joined? (PJ & SMJ)
3. if not, should action proceed in her absence?

Question 10

Necessary Party Rule of Thumb (Daynard v. Ness)

Answer 10

1. joint tortfeasors not necessary parties
2. co-obligors may be necessary, but generally not indispensable
3. generally, action to set aside a K requires joinder of all parties to the K

Question 11

Persons Required to be Joined (a/k/a Necessary)

Answer 11

1. Required party. Is absentee necessary?
   - w/o absentee, court cannot accord complete relief among existing parties; or
   - the absentee claims an interest that a decision in her absence will:
   - -prejudice absent party; or
   - -prejudice existing party by subjectig to substantial risk of multiple or inconsistent obligations

Question 12

Indispensable Test

Answer 12

should action proceed or dismiss?

• prejudice to absentee or existing parties
• extent to which prejudice could be reduced or avoided
• judgment could be adequate
• P could have an adequate remedy if action were dismissed

Question 13

Interpleader: Rule 22

Answer 13

By P or D: Persons with claims that may expose P/D to double or multiple liability may be joined and required to interplead even though:
-claims lack of common origin or are adverse and independent rather than identical; or
denies liability in whole or in part to any or all of the claimants (huh?)

Question 14

Intervention of Right: Rule 24(a)

Answer 14

On TIMELY motion, court must permit when:
-given right by Fed. statute; or
claims an interest i propertyor transaction AND
disposing of the action may impair movat’ ability to protect said interest AND
no parties’ interest are not adequately represented by existing parties.

Question 15

Permissive Intervention: Rule 24(b)

Answer 15

Court may permit TIMELY intervention if:
given conditional right by fed statute; or
has common question of law or fact; and
would not unduly delay or prejudice original parties’ rights

Question 16

3rd Party Practice: Rule 14

When D may bring in 3rd Party

Answer 16

MUST be liable to Dd for all or part of the claim against D
D becomes 3PP and files against 3PD
must have PJ oer 3PD and SMJ over claim
Timing: 14 days after service of answer or w/court’s leave
3PD’s claims defenses: same rules apply as in regular answer. must state defenses, compulsory CCS, permissive CCs, XC against 3PD
may assert against P any TOO claim

Question 17

3rd Party Practice: Rule 14

Ps claim against 3PD

Answer 17

MAY assert against 3PD any TOO claims arising out of 3PP’s claim against 3PD.
3PD MUST then assert Rule 12 defenses and compulsory CCs and
MAY assert permissive CCs or XCs only after successful TOO claim brought