Multiple Parties and Claims (Part VI)

Question 1

Misjoinder is defined as the joining of parties in a single action who

Answer 1

should not sue or be sued together.

Question 2

Nonjoinder is defined as the omission of a party who

Answer 2

ought to be joined.

Question 3

When nonjoinder is applicable, parties generally may be added on motion within

Answer 3

21 days of filing the complaint.

Question 4

A necessary party may be joined if:

Answer 4

(i) complete relief cannot be granted in their absence; or
(ii) due to their interests, absence of that person may impair their ability to protect that interest.

Question 5

If a necessary party cannot be joined, then the court must

Answer 5

decide whether the action should be dismissed because the absent person is indispensable.

Question 6

A dismissal for nonjoinder is

Answer 6

without prejudice.

Question 7

Interpleader is when a person holding property that is subject to competing claims can

Answer 7

join all claimants and allege facts for the court to determine who is entitled to the property.

Question 8

Intervention is when a party with a claim or defense can

Answer 8

petition to intervene in the action.

Question 9

Compulsory claims are claims arising out of the same transaction or occurrence which generally must be

Answer 9

joined in the same action.

Question 10

Virginia permits separate actions (as an exception to the compulsory joinder rule) for:

Answer 10

(i) personal injury and property damages that arise out of the same occurrence; and
(ii) mechanic’s liens.

Question 11

Virginia has no procedure for initiating ____________ _____________ in state court.

Answer 11

class actions