Joinder

Question 1

Rule 21

Answer 1

Joinder relief (allows the case to be separated before trial to make it easier on the jury)

Question 2

Rule 18

Answer 2

Bring any and all claims against the other party once you are there

Question 3

Rule 13 a

Answer 3

1. (a) Compulsory counterclaim, (precluded)
   i) A party must make any counterclaim they have against the other party that is rising out of the same transaction or Occurrence, or they will loose it
   ii) Does not require adding another party that court doesn’t have JX over

Question 4

Rule 13 b

Answer 4

A pleading may state as a counterclaim any claim that is not compulsory

Question 5

Rule 13 g

Answer 5

Cross claims against Co-party (precluded)

i) A pleading may state as a cross claim (D1 v. D2)  any claim arising out of the same transaction or occurrence
ii) Use 13 G to bring any claim (TorO) against a co-party, once you get them with 13(g) you can bring the whole kitchen sink with rule 18 (any claim unrelated)

Question 6

Rule 20(a)(1)

Answer 6

Limits parties joined to those in the same (A) transaction or occurrence and (B) common question of law or fact.

Question 7

Rule 20(a)(2)

Answer 7

Limits parties joined to those in the same (A) transaction or occurrence and (B) common question of law or fact.

Question 8

Rule 14(a)

Answer 8

THIS IS THE INDEMNITY IMPLEADER RULE, IT IS ONLY FOR “IT WAS ME BUT HE PAYS” I.E. insurance companies)

1. Defending party AS A THIRD PARTY PLAINTIFF  may serve a nonparty. Must obtain the court's leave if more than 14 days after serving the original answer
2. Person served with a 3rd party complaint is A THIRD PARTY DEFENDANT
	i) (A) must assert any counterclaims or cross claims
3. Need to consider PJ and SMJ for R.14 parties

Question 9

In general rules about third party claims

Answer 9

If you need to bring another party in you have two options in the joinder as the D,

   1) you can file rule 19 forcing the P to bring in another party or 
   2) you can file rule 14 in special circumstances. But remember anything else, and we fall back to the rule that the P directs the suit, not the D.

Question 10

Rule 19

Answer 10

1. a party that is necessary and indispensable to the action must be brought in to the suit.
2. Examples, more than one person is benefited or burdened by the obligations, real/intellectual/personal property cases, representative parties, cases involving claims to limited funds or assets.