Joinder of Claims and Parties

Question 1

Permissive Joinder of Parties

Answer 1

Parties may join as Ps or be joined as Ds whenever:

(1) Claim RELATES TO SAME TRANSACTION OR OCCURRENCE; and
(2) COMMON QUESTION OF LAW OR FACT

Question 2

Compulsory Joinder of Parties

Answer 2

Necessary Parties:

(1) COMPLETE RELIEF CANNOT BE PROVIDED to existing parties in absence of that person;
(2) Disposition in absence of that person may IMPAIR PERSON’S ABILITY TO PROTECT THEIR INTEREST; or
(3) Absence of that person would LEAVE EXISTING PARTIES SUBJECT TO SUBSTANTIAL RISK OF MULTIPLE OR INCONSISTENT OBLIGATIONS

Question 3

Compulsory Counterclaims

Answer 3

Compulsory if:

(1) It ARISES OUT OF SAME TRANSACTION OR OCCURRENCE as the claim asserted against the party making the counterclaim; and
(2) Does not require joinder of party not subject to PJ of Indiana courts

Question 4

Permissive Counterclaims

Answer 4

NOT compulsory if:

(1) Counterclaim is already the subject of PENDING LITIGATION; or
(2) Principal claim is an in rem or quasi in rem claim, and court would not have in personal jurisdiction over D

Question 5

Cross-Claims

Answer 5

Any claim made against a co-party

DOES NOT HAVE TO RELATE TO ORIGINAL ACTION

Question 6

Impleader

Answer 6

D joins a third party into a lawsuit because that third party is liable to original D

Question 7

Interpleader

Answer 7

Allows stakeholder to force all potential claimants into a single lawsuit to determine who has a right to the property

Indiana court has to have PJ over ALL of the claimants

Question 8

Intervention as of Right

Answer 8

Non-party has right to intervene when:

(1) Has interest in property/transaction that is SUBJECT MATTER OF THE ACTION;
(2) Disposition of action may IMPAIR OR IMPEDE their ability to protect their interest; and
(3) Their interest is NOT ADEQUATELY REPRESENTED by existing parties

Question 9

Class Action Requirements

Answer 9

CANT

(1) COMMON questions of law or fact
(2) ADEQUATE protection of interests by representatives
(3) NUMEROUS members such that joinder is impracticable
(4) TYPICALITY of claims or defenses

Question 10

Impleader Procedure

Answer 10

D can FILE A THIRD PARTY COMPLAINT against a non-party it contends is responsible for all or part of P’s claim IN ITS ANSWER TO ORIGINAL COMPLAINT

Third-party D must be properly served and subject to the court’s personal jurisdiction

Question 11

Comparative Fault Act

Answer 11

Jury must consider the fault of all persons who caused or contributed to cause the alleged injury, death, or damage to property

Regardless of whether the person was or could have been named as a party