Pretrial Matters

Question 0

Joinder of Claims

Answer 0

A 3rd party defendant MAY assert a claim against the plaintiff if the claim arises out of the same transaction or occurrence as the plaintiff’s original claim.

Can either assert as a counterclaim or in an independent action.

Question 1

FRCP 4 - Service of Process

Answer 1

Service may be made on an individual by leaving a copy of the summons and complaint at the individual’s dwelling or usual abode with someone of suitable age and discretion who resides there.

Question 2

Joinder of Parties

Answer 2

A defendant cannot assert a third party claim against another party unless they are seeking to obtain recovery and that recovery must be for the defendant third party plaintiff’s own liability to the original plaintiff.
Denying liability all together will bar this.

Question 3

Interpleader

Answer 3

Permits a person in the position of a stakeholder to require two or more claimants to litigate among themselves (first) to determine which if any of them has a valid claim where separate actions might result in double liability on a single obligation.

FRCP 22: subject matter jurisdiction - federal question or diversity.

28 U.S.C. section 1335: Statutory Interpleader - a) AIC $500 or more and b) where there is diversity between any two contending claimants.