Joining Claims & Parties

Question 1

Impleader

Answer 1

For DEFENDANT— Allows a D to bring in a third party D for indemnification or contribution purposes.

Requirements:

1. Must do 14 days after filing answer (if after the 14 days must get permission from court).
2. Must have PJ over impleaded party, SMJ over existing claim and will have SJ.

Question 2

Intervention

Answer 2

This allows a party to voluntarily get involved in a suit.

Question 3

Intervention — As of Right

Answer 3

1. Absentee’s right will not be adequately represented and interest will be harmed if not joined; or
2. Absentee has statutory right to intervene.

Question 4

Intervention — Permissive

Answer 4

1. Absentee has claims or defenses with a common question of law with the underlying claim.
2. Absentee has a statutory right; or
3. Absentee is an officer or agency and an existing claim or defense relates to the officer, agency, or statute.

Question 5

Interpleader

Answer 5

Allows a property holder to initiate a suit to compel multiple claimants to the property to litigate that dispute.

Question 6

Rule 22 Interpleader

Answer 6

Requirements:

1. must be complete diversity
2. Amount in controversy must exceed 75k.
3. SMJ, PJ, and Venue stays the same as fed. cases

Question 7

Statutory Interpleader

Answer 7

Requirements:

1. Minimal diversity. One person must be from a different state than at least one other claimant.
2. $500 or more in controversy.
3. Venue proper wherever a claimant resides

Question 8

Permissive Joinder

Answer 8

Not required to be joined.

Requirements:

1. Same transaction and occurrence
2. Common question of law and fact.
3. Jurisdiction must be over all additional parties.

Question 9

Requirements for Compulsory Joinder

Answer 9

Requirements:

1. PJ over absent parties
2. Joining the absent party (or parties) does not destroy diversity.

Question 10

What makes a party necessary under compulsory Joinder?

Answer 10

1. Complete relief cannot be given without them;
2. Absent party’s interest will be impeaded or impaired; or
3. Risk of multiple or inconsistent rulings

Question 11

Indispensable Party

Answer 11

Factors to determine if indispensable:

1. Can relief be given in a way to avoid prejudice?
2. Alternative forum available?
3. Likelihood of prejudice if case moves forward?
4. Will P have adequate remedy of case is dismissed?