Multiple Parties and Claims

Question 1

What is compulsory joinder?

Answer 1

Person must be joined in lawsuit—provided subject matter jurisdiction is preserved—if absence will:

1) Prevent court from granting complete relief to existing parties

2) Prejudice** absent person’s interest** or

3) Subject existing party to multiple or inconsistent obligations

Question 2

What is permissive joinder?

Answer 2

Person may be joined in lawsuit if:

1) Claims by or against person arise out of same transaction/occurrence; and

2) Common question of fact or law will arise

Question 3

When can a motion to sever claims based on improper joinder be made?

Answer 3

Anytime!

Question 4

May a single plaintiff join multiple claims against a single defendant?

Answer 4

Yes, even if the claims are unrelated.

So long as there is subject matter jurisdiction!