Joinder (Ch. 12)

Question 1

How many claims is a party permitted to bring against the opposing party?

Answer 1

As many as they have.

Question 2

When is a party required to join a suit?

Answer 2

1. When without their inclusion, the court cannot afford complete relief among the existing parties.
2. The party claims an interest that would be subject to the action and disposing of the action without them could:
   i. impair/impede their ability to protect their interest; or
   ii. leave an existing party to assume significantly more risk (≥2x)

Question 3

Under what conditions will a court order joinder?

Answer 3

When a person who must join has not been required to.

Question 4

What happens when a joined party objects to venue?

Answer 4

Court must dismiss the action.

Question 5

What 4 things must a court weigh when a party is ordered to join but it is not feasible for them?

Answer 5

The court must weigh whether:
1. the action should proceed without them
2. the extent prejudice could be lessened/avoided by
a) protective provisions in judgement
b) shaping relief
c) other actions
3. adequacy of judgement without them
4. whether P would have adequate remedy if action is dismissed

Question 6

What must a party include regarding unjoined parties when asserting a claim for relief?

Answer 6

1. The names of parties not joined
2. The reason for not joining them

Question 7

When can a given party join someone into an existing suit?

Answer 7

1. When the new party’s right to relief arises out of the same transaction(s) or occurrence(s), and
2. A common question of law or fact to all parties will be raised by the action.

Question 8

Is misjoinder grounds for dismissal?

Answer 8

No.

Question 9

When can a court sever an action, or add or drop a party to the suit?

Answer 9

At any time.

Question 10

When can a court consolidate trials and why?

Answer 10

When the actions involve common questions of law/fact for the purpose of avoiding unnecessary costs or delay.

Question 11

Why would a court separate trials ?

Answer 11

To avoid prejudice, expedite or economize while preserving federal rights to trial by jury.

Question 12

What happens if after a trial is over, P wants to file a new claim against D?

Answer 12

P cannot file a new claim against D that arises out of the same action.

Question 13

When must a party state all claims against the opposing party?

Answer 13

1. When they arise out of the same transaction or occurrence which is subject to the claim

Question 14

Do parties need to be added over which the federal court cannot gain jurisdiction?

Answer 14

No.

Question 15

How long does D have to bring a third party into an action on its own?

Answer 15

Within 14 days of service

Question 16

May a D bring a third party into an action later than 14 days of service?

Answer 16

Yes, if a court grants leave, they may.

Question 17

What is it called when D joins a third party into the suit that is potentially liable?

Answer 17

Impleader.

Question 18

What is it called when a party facing competing claims forces the opposing parties of those claims to litigate against eachother?

Answer 18

Interpleader.

Question 19

What allows for joinder by Impleader and Interpleader?

Answer 19

The rule that all beneficiaries are required to file in one action.