Multiple Parties and Claims (Part VI) Flashcards
Misjoinder is defined as the joining of parties in a single action who
should not sue or be sued together.
Nonjoinder is defined as the omission of a party who
ought to be joined.
When nonjoinder is applicable, parties generally may be added on motion within
21 days of filing the complaint.
A necessary party may be joined if:
(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.
If a necessary party cannot be joined, then the court must
decide whether the action should be dismissed because the absent person is indispensable.
A dismissal for nonjoinder is
without prejudice.
Interpleader is when a person holding property that is subject to competing claims can
join all claimants and allege facts for the court to determine who is entitled to the property.
Intervention is when a party with a claim or defense can
petition to intervene in the action.
Compulsory claims are claims arising out of the same transaction or occurrence which generally must be
joined in the same action.
Virginia permits separate actions (as an exception to the compulsory joinder rule) for:
(i) personal injury and property damages that arise out of the same occurrence; and
(ii) mechanic’s liens.
Virginia has no procedure for initiating ____________ _____________ in state court.
class actions