Joinder of Parties

Question 1

What are the different types of joinder of parties?

Answer 1

1. Permissive joinder - Rule 20
2. Mandatory joinder - Rule 19
3. Class Actions - Rule 23
4. Interpleader Claims - Rule 22
5. Intervention - Rule 24

Question 2

What is permissive joinder?

Answer 2

• Where you are allow but not required to join ptys
• Can have multiple Ps bringing a suit or multiple Ds being sued as long as
  
  • the Ps claim relief or the Ds face liability that arises out of the same ToO AND
  • there will arises in the action common questions in law or fact

Question 3

What is madatory joinder of ptys?

Answer 3

• you must join these ptys (usually mutliple Ds)
• STEPS to determine whether a lawsuit will significantly impact a person not in the lawsuit
  
  • Determine whether the absent pty is necessary
  • Determine whether the necessary pty can be joined

Question 4

How do you determine whether a pty is necessary?

Answer 4

• Nexessary -
  
  • if pty has an interest that might be impaired; r
  • elief cannot be issued in the pty’s absence,
  • current pty would be subject to duplicative or inconsistent liability
• Not necessary — Mandatory does not apply

Question 5

How do you dtermine whether a missing necessary pty can be joined?

Answer 5

• Look to see if the ct lacks PJ over the missing pty