Lesson 6: Joinder

Question 1

Joinder of Claims–Rule 18

Answer 1

A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join as many claims as the party has against an opposing party.

Question 2

Permissive Joinder of Parties–Rule 20

Answer 2

All persons may join or be joined in one action (a) if a right to relief is asserted by or against each plaintiff or defendant arising out of the same transaction or occurrence and (b) if any question of law or fact common to all will arise in the action.

Question 3

Compulsory Joinder (necessary party)–Rule 19(a)

Answer 3

A party must be joined, if feasible to do so, if:

1. in his absence complete relief cannot be accorded among those already parties;
2. his interest is such that to proceed without him may either (a) impair his ability to protect his interest in subsequent proceedings or (b) expose those already parties to a substantial risk of multiple or inconsistent obligations.

Question 4

Indispensable Party Considerations–Rule 19(b)

Answer 4

in determining whether a party is indispensable, such that the case will be dismissed without his joinder, the court will consider the following:

1. To what extent judgments rendered in the necessary party’s absence might be prejudicial to him or to those already parties;
2. To what extent the court can lessen or avoid prejudice by shaping relief or by placing protective provisions in the judgment;
3. Whether a judgment rendered in the party’s absence will be adequate;
4. Whether the plaintiff will have an adequate remedy if the action is dismissed for non-joinder.