Rule 19 and Interpleader Flashcards
FRCP 19
There is persons required to be joined of feasible:
(1)A person who is subject to service of process and whose joinder will not deprive the court of subject matter jx must be joined if
(a) in that person’s absence, the court cannot accord complete relief amongst existing parties. (community property standard)
(b)that person (the absentee) claims an interest relating to the subject of the action and is so situated that disposing of the action in the person’s absence may:
i. as a practical matter impair or impede the person’s ability to protect that interest
ii. leave an existing party subject to substantial risk of incurring double, multiple, or otherwise inconsistent obligations bc of the interest.
What is Rule 19 (b) ?
(b) when joinder is not feasible:
(2) the extent to which any prejudice could be lessened or avoided by:
A) protective provisions in the judgment b) shaping the relief c) other measure
(3) whether the judgment rendered in the person’s absence would be adequate; and
(4) whether the plaintiff would have an adequate remedy if the action were dismissed for non-joinder.