Joinder Flashcards
What are the three essential questions when Joining a party?
Joinder may be either permissive or compulsory. There are essentially 3 questions:
(1) is joinder proper;
(2) is joinder possible without destroying jurisdiction; and
(3) if jointer is not possible, is absent party indispensible?
When is joinder Proper?
A party is necessary and should be joined where: (1) complete relief cannot be accorded in the person’s absence; or (2) the person claims an interest relating to the subject matter such that a decision in his absence will impair or impede the person’s ability to protect the interest or subject remaining parties to a substantial risk of incurring multiple or inconsistent obligations.
When will a party not be joined?
A party can only be joined where his presence will not destroy complete diversity.
If a party cannot be joined, what factors determine if the party is indispensable to the action?
If the party cannot be joined, the court should look to:
(1) the extent to which a judgment in his absence might prejudice him;
(2) whether the prejudice can be avoided by shaping the relief;
(3) whether adequate relief can be granted in the person’s absence; and
(4) whether the plaintiff has an adequate remedy (i.e., another forum) if the action is dismissed.
Recite the Structure for Joinder.
Joinder 1. Proper: Party is necessary where (1) complete relief can’t be accorded in absence, or (2) person claims interest in subject matter and absence will impede ability to protect interest or subject him to substantial risk of multiple or inconsistent obligations 2. Jurisdiction: Joinder proper only where presence doesn’t destroy diversity 3. Indispensible: If party cannot be joined, court looks to: (1) extent of prejudice to absent party, (2) whether prejudice can be avoided by shaping relief, (3) whether relief is adequate in his absence, and (4) whether plaintiff has adequate remedy if action is dismissed
