joining claims & parties

Question 1

permissive joinder

Answer 1

P seeks to join non-parties as co-Ps or co-Ds

Question 2

permissive joinder requirements

Answer 2

permissive joinder allowed where both:
1) same transaction or occurrence
2) common question of law or fact

Question 3

compulsory joinder

Answer 3

absent parties may be forced to join a case if they are deemed required parties; named defendants threaten dismissal for failure to join a Rule 19 party

Question 4

compulsory joinder when absentee must be joined

Answer 4

IF FEASIBLE when either:
1) without absentee, court can’t grant complete relief
2) absentee has a legal interest that may be impaired/impeded
3) absentee has an interest that creates a risk of multiple or inconsistent rulings and obligations

Question 5

impleader

Answer 5

allows D to join a non-party who may be liable to D for all/part of claim brought by P against original D

Question 6

impleader requirements

Answer 6

D may implead a third party defendant by filing a third-party complaint within 14 days after serving answer; after 14 days must get permission from court

Question 7

intervention

Answer 7

a non-party absentee may seek to join in an already pending suit, either as a P or D

Question 8

intervention as a right

Answer 8

must be allowed if either:
1) absentee’s interest will be harmed if not joined and no existing party will adequately represent that interest, or
2) absentee has an unconditional statutory right

Question 9

permissive intervention

Answer 9

allowed in court’s discretion if either:
1) absentee has a claim/defense that shares a common question of law with underlying action
2) absentee has a conditional statutory right
3) absentee is a govt officer or agency and an existing claim/defense relates to the officer/agency or a statute, regulation, etc

Question 10

interpleader

Answer 10

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

Question 11

Rule 22 interpleader

Answer 11

complete diversity rquired

Question 12

statutory interpleader

Answer 12

only minimal diversity required - one claimant must be diverse from at least one other claimant