Joinder, Crossclaims & Impleader Flashcards
1
Q
Rule 18(a)- Claims
A
- P can join together as many claims as P has against D, even if unrelated
- No ct. permission needed
2
Q
Rule 42(b) on Seperate Trials
A
- Ct. may order separate trials on claims or issues
Purpose: Convenience, efficiency, and to avoid prejudice
3
Q
Permissive Joinder, Rule 20
A
- Ps may join together in lawsuit if:
Right to relief arise out of same transaction or occurrences; and
There is a question of law or fact common to all P’s - P’s may sue multiple D’s if:
Claims arise out of same transactions or occurrences; and
A Q of law or fact common to all D’s will arise in action - Balances efficiency and fairness
4
Q
Required Joinder, Rule 19
A
Sometimes a person must be joined if that person’s absence would not allow the court to find relief or impede their ability to protect their interest
If their joinder is not feasible, court must analyze if case can be continued
5
Q
Counterclaims (Rule 13)
A
- Claim asserted against P
- Included in answer (P must respond)
- Compulsory - arises out of same transaction or occurrence
- Permissive - does not arise out of same transaction or occurrence
6
Q
Crossclaims- Rule 13(g)
A
- Claims assented by party against co-party (ex. one P against another P)
- MUST arise out of same transaction or occurrence related to same property
- NEVER compulsory
7
Q
3rd Party D - Rule 14
A
P sues D1, D forces in new party, D2 is 3rd party D
- 3rd party D is liable to 3rd party P for all or part of P’s original claim
- Contribution or Indemnification
- Same event has to give rise to claim of P against D and claim of D against 3rd party.
8
Q
Intervention
A
New party wants to join as P or D
- As of right (has interest so high that resolving dispute w/o them would harm them, or statute allows)
- Permissive has court analyze if possible, must consider if it would unduly delay or prejudice adjudication
- Motion to intervene required
