Joinder rules

Question 1

Rule 18 (Permissive joinder of claims

Answer 1

A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party.”

Question 2

Ruel 13(a) Compulsory Counterclaims

Answer 2

1. “A pleading must state as a counterclaim any claim that–at the time of its service–the pleader has against an opposing party if the claim:
   (a) arises out of the transaction or occurrence that is the subject matter of opposing party’s claim; and
   (b) does not require adding another party over whom the court cannot acquire jurisdiction.
2. The pleader need not state the claim if:
   (a) when the action was commenced, the claim was the subject of another pending action; …”

Question 3

Rule 13(b) permissive counterclaims

Answer 3

“A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.”

Question 4

Rule 13(h) joining additional parties

Answer 4

“Rules 19 and 20 govern the addition of a person as a party to a counterclaim or crossclaim.”

Question 5

Rule 13(g) Crossclaims

Answer 5

A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim, or if the claim relates to any property that is the subject matter of the original action. . . .”
Coparties means parties on same side of the v. (same position in lawsuit)

Question 6

Rule 20(a) (1&2) joinder of plaintiffs or defendants

Answer 6

-Right to relief must be asserted by each plaintiff, or against each defendant
-Arising out of the same transaction or occurrence, or series of transactions or occurrences, and
-Common question of law or fact

Question 7

Rule 2(a)(3) Joinder of plaintiffs or defendants

Answer 7

“Neither a plaintiff nor a defendant need be interested in obtaining or defending against all the relief demanded. The court may grant judgment to one or more plaintiffs according to their rights, and against one or more defendants according to their liabilities.”

Question 8

rule 14 (a)(1) (impleader)

Answer 8

“A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it. But the third-party plaintiff must, by motion, obtain the court’s leave if it files the third-party complaint more than 14 days after serving its original answer.”

Question 9

Rule 14(a)(2)(impleader)

Answer 9

3P∆ must assert:
-Any Rule 12 defenses to 3PP’s claim
-Any Rule 13(a) compulsory counterclaims against 3PP
3P∆ may assert:
-Any Rule 13(b) permissive counterclaims against 3PP
-Any Rule 13(g) crossclaims against another 3P∆
-Any defenses that ∆/3PP has to the P’s claim
-Any claims against P arising from transaction or occurrence that is subject matter of P’s claim against the ∆/3PP

Question 10

Rule 14(a)(5) (impleader)

Answer 10

3rd party defendant may assert a rule 14 impleader claim

Question 11

Rule 14(a)(3) (impleader)

Answer 11

-P may assert against 3P∆ any claim arising out of the transaction or occurrence that is subject matter of P’s claim against the D/3PP (but may be smj problem)
-3P∆ must then assert any Rule 12 defense and any compulsory counterclaim
-3P∆ may then assert any permissive counterclaim or any crossclaim

Question 12

Rule 14(a)(4) (impleader)

Answer 12

any party may move to strike the third-party claim, to sever it, or to try it separately

Question 13

Rule 24(a) intervention of right

Answer 13

Intervention of Right. On timely motion, the court must permit anyone to intervene who: . . . 2) claims an interest relating to the property or transaction that is the subject of the action, and is so situated that disposing of the action may as a practical matter impair or impede the movant’s ability to protect its interest, unless existing parties adequately represent that interest.”

Need “significantly protectable interest” (not a “direct” interest)

Proposed intervenor bears burden to show that representation “may be” inadequate (look for any potential conflict of interest)

Question 14

Rule 24(b) intervention of right

Answer 14

Permissive Intervention … (1) On timely motion, the court may permit anyone to intervene who: … B) has a claim or defense that shares with the main action a common question of law or fact.”

“In exercising its discretion, the court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties’ rights.”