Joinder Flashcards
1
Q
General rule for parties
A
Same T/O + Common Q
2
Q
Necessary Parties
A
Same T/O + Common Q
Can’t afford complete relief + their interest adversely affected + risk multiple suits
- -Order joinder if feasible
- -If not, dismiss (indispensable party) or proceed
- -factors: actual harm, prejudice, ability to shape relief
3
Q
Counterclaim
A
Same T/O = compulsory
Other = permissive
4
Q
Crossclaim
A
Must be same T/O, but never compulsory
5
Q
Impleader
A
∆ brings TP who may be liable to ∆ (indem/cont) for his liability to π (right w/in 14 days of response)
6
Q
Intervention
A
TP wants to join suit - must be timely
Right if interest adversely affected
Permissive if common Q
7
Q
Interpleader
A
π has prop possession and sues all the claimants
Rule 22 Jx: normal
Fed Interpleader Statute: $500 + any 2 claimants diverse