Rule 2 - Causes of Action Flashcards
Define: Cause of action
cause of action is the act or omission by which a party violates
a right of another
Can a party may institute more than one suit for a single
cause of action
No.
Section 3. One suit for a single cause of action
Under the rules on joinder of causes of action, which of the following conditions must be met when a party asserts multiple causes of action in one pleading?
(a) The party joining the causes of action shall comply with the rules on joinder of parties.
(b) The joinder may include special civil actions or actions governed by special rules.
(c) The causes of action between the same parties must pertain to the same venue and jurisdiction.
(d) The aggregate amount claimed is not a factor in determining jurisdiction.
(a) The party joining the causes of action shall comply with the rules on joinder of parties.
In a civil case, the plaintiff has filed a complaint alleging both breach of contract and negligence against the defendant. However, the defendant believes that these causes of action are misjoined. Can the defendant move for dismissal of the entire action based on misjoinder of causes of action? If not, what alternative recourse is available to address the misjoinder?
No. Section 6. rule 2 states that Misjoinder of causes of action is not a ground for dismissal
of an action. A misjoined cause of action may, on motion of a party or on the initiative of the court, be
severed and proceeded with separately.