Pleadings, Joinder

Question 1

Rule 4: service of process for corporations

Answer 1

Service may be made on:

• officer
• managing agent
• general agent
• agent appointed or authorized by law

Question 2

Rule 12(b): motions to dismiss types (and timing)

Answer 2

1. lack of subject-matter jurisdiction (anytime, including appeal)
2. lack of personal jurisdiction (first response)
3. improper venue (first response)
4. insufficient process (first response)
5. insufficient service of process (first response)
6. failure to state a claim (anytime)
7. failure to join a necessary party (anytime)

Question 3

Rule 15: amended pleadings

Answer 3

• once as a right within 21 days of service
• otherwise, must seek leave of court or consent from opponent

Question 4

Rule 15: adding a new claim is permitted if…

Answer 4

• original complaint was timely
• new claim arises out of same transaction or occurrence

Question 5

Rule 15: adding a new defendant is permitted if…

Answer 5

• claim arose out of same conduct, transaction, or occurrence
• new defendant received notice within 90 days of original complaint
• new defendant knew or should have known about the mistake

Question 6

Rule 11: when an attorney submits a pleading…

Answer 6

certifies that the documents are filed in good faith

Question 7

Rule 11: if challenged…

Answer 7

• must withdraw or revise the document
• may be subject to sanctions

Question 8

Rule 19: compulsory joinder

Answer 8

• party must be necessary
• personal jurisdiction over party
• subject-matter jurisdiction over party
  
  • if diversity would be destroyed:
    
    • indispensable party –> dismiss case
    • proceed without necessary party

Question 9

Rule 19: party is necessary if…

Answer 9

• incomplete relief without party
• danger that party would be harmed without joining, OR
• risk of inconsistent judgment or double liability

Question 10

Rule 19: factors for indispensable party

Answer 10

• extent to which judgment would prejudice to parties in new party’s absence
• extent to which prejudice could be reduced or avoided by protective provisions
• whether a judgment would be adequate
• whether the plaintiff would have an adequate remedy if the case were dismissed

Question 11

Rule 13: cross-claims

Answer 11

• arises out of same transaction or occurrence as plaintiff’s original claim
• subject-matter jurisdiction over cross-claim

Question 12

Rule 14: impleader

Answer 12

• relates to original claim between plaintiff and defendant
  subject-matter jurisdiction over impleaded claim

Question 13

Rule 24: intervention as a right

Answer 13

1. nonparty has an interest in the subject matter
2. action may affect their interest
3. nonparty’s interest is not adequately represented by existing parties