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    Joinder of Parties StepbyStep

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    LazinessPerSe
    There are several ways to join additional parties to a civil lawsuit outlined in the Federal Rules of Civil Procedure. These include permissive joinder (Rule 20) which allows plaintiffs or defendants to be added if their claims arise from the same transaction and share common questions of law or fact. Required joinder (Rule 19) compels adding parties if complete relief is not possible, the absentee's interests may be impaired, or there is a risk of multiple obligations. A defending party may implead third parties who may be liable (Rule 14) and interpleader allows a stakeholder exposed to multiple liabilities to consolidate claimants in a single suit (Rules 22 and 1335). Intervention as of right (Rule 24)

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    Joinder of Parties StepbyStep

    Uploaded by

    LazinessPerSe
    1K views3 pages
    There are several ways to join additional parties to a civil lawsuit outlined in the Federal Rules of Civil Procedure. These include permissive joinder (Rule 20) which allows plaintiffs or defendants to be added if their claims arise from the same transaction and share common questions of law or fact. Required joinder (Rule 19) compels adding parties if complete relief is not possible, the absentee's interests may be impaired, or there is a risk of multiple obligations. A defending party may implead third parties who may be liable (Rule 14) and interpleader allows a stakeholder exposed to multiple liabilities to consolidate claimants in a single suit (Rules 22 and 1335). Intervention as of right (Rule 24)

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    Joinder of Parties Attack Plan

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    There are several ways to join additional parties to a civil lawsuit outlined in the Federal Rules of Civil Procedure. These include permissive joinder (Rule 20) which allows plaintiffs or defendants to be added if their claims arise from the same transaction and share common questions of law or fact. Required joinder (Rule 19) compels adding parties if complete relief is not possible, the absentee's interests may be impaired, or there is a risk of multiple obligations. A defending party may implead third parties who may be liable (Rule 14) and interpleader allows a stakeholder exposed to multiple liabilities to consolidate claimants in a single suit (Rules 22 and 1335). Intervention as of right (Rule 24)

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    1K views3 pages

    Joinder of Parties StepbyStep

    Uploaded by

    LazinessPerSe
    There are several ways to join additional parties to a civil lawsuit outlined in the Federal Rules of Civil Procedure. These include permissive joinder (Rule 20) which allows plaintiffs or defendants to be added if their claims arise from the same transaction and share common questions of law or fact. Required joinder (Rule 19) compels adding parties if complete relief is not possible, the absentee's interests may be impaired, or there is a risk of multiple obligations. A defending party may implead third parties who may be liable (Rule 14) and interpleader allows a stakeholder exposed to multiple liabilities to consolidate claimants in a single suit (Rules 22 and 1335). Intervention as of right (Rule 24)

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    The document discusses the different types of joinder including permissive joinder, required joinder, impleading a third party, interpleader, and intervention.

    The different types of joinder discussed include permissive joinder, required joinder, impleading a third party under Rule 14, interpleader under Rule 22 and statutory interpleader under 1335, and intervention.

    The requirements for intervention by right under Rule 24(a) are that the absent person claims an interest relating to the subject matter of the action, that interest may be impaired if not allowed to participate, and the interest is not adequately represented by existing parties.

    JOINDER OF PARTIES STEP-BY-STEP

    1) R.20 Permissive Joinder of Parties


    a) R. 20(a) Usage: Governs initial joinder of plaintiffs or defendants in the Ps original claim. b) R.20(a) Test 1: Does the person assert a claim arising out of the same transaction or occurrence (or series of transactions or occurrences)? c) R.20(a) Test 2: Does the persons claim share common questions of law/fact with the original claim? d) Notes: Can add both Ps and Ds in the same action.

    2) R.19 Required Joinder of Parties


    a) R.19 Usage: Applies when an absent person is required / should be added as a P or D. b) R.19 Situation 1: In a persons absence, court cannot accord complete relief among existing parties. i) Example: TF leases 3 floors from GLC, then sublets to A. A wants more electrical power. TF refuses because GLC refuses, and GLC is the owner. A sues TF. Judgment against TF wouldnt change anything because GLC is in control, not TF. c) R.19 Situation 2: Person who claims an interest related to the subject matter of the case should be made a party if proceeding without them might impair their ability to protect that interest. i) Example: G sues Acme to get stock reissued in his name as well as Hs. Hs interest is affected. d) R.19 Situation 3: Resolving the case without a nonparty person would expose one of the original parties to a risk of multiple or inconsistent obligations. i) Example: Bank holds money in escrow for C. C sues Bank for money, claiming repairs were made. B sues Bank for money, claiming repairs were inadequate. Bank whipsawed. e) Notes: Satisfying any Situation requires joinder so long as the new party doesnt break SMJ. R.19(b) covers what a court does when a nonparty person should be joined but cant.

    3) R.14 Impleading a 3rd Party


    a) R.14(a) Usage: Applied when a Defending Party / Plaintiff want to bring in a new person. b) R.14(a) Test: Defending party may (as 3rd party plaintiff) assert claim on a nonparty who is or may be liable for all or part of the claim against it.

    c) Notes: R.14(a)(2) covers the impled 3rd partys responses. Impled 3rd party doesnt count for SMJ, but does count for PJ. R.14(b) allows Plaintiff to use R.14(a) when claim is asserted against Plaintiff.

    4) R.22 Interpleader
    a) R.22 Usage: Rule interpleader provides a remedy for any person who is, or may be exposed to double or multiple liabilities. The stakeholder may invoke Rule 22 as a plaintiff, or by counter-claiming in an action already started against him by one, or more claimants. There is no deposit required to be made with the court for a Rule 22 interpleader action. The stakeholder may claim that they are not liable in whole, or part, to any or all the claimants. b) Diversity: Complete diversity between stakeholder and all claimants required. c) AIC: Stake must exceed $75,000. d) Notes: R.22(b) explains how it interacts with R.20 and 1335 Interpleader.

    5) 1335 Interpleader
    a) 1335 Usage: Allows an individual with a stake which is, or may be, claimed by two or more adverse claimants, to interplead those claimants and bring them into a singular action. A Statutory Interpleader action is commenced by the stakeholder who must initially deposit with the court, the AIC, or post a specific bond with the court. The stakeholder may, however, at trial claim they don't owe money to the claimants at all. b) Diversity: Diversity is satisfied as long as there are two claimants of different states. For example, if you have three claimants, two of which are residents of Florida, and one from California, diversity would be satisfied. The diversity of the stakeholder, however, is irrelevant to the rule. c) AIC: Stake in claim = AIC. Must be > or = $500. d) Service: Under 2361, a person anywhere within the US may be served by the stakeholder.

    6) R.24 Intervention by Right


    a) R.24(a) Usage: Applied when an absent person takes initiative to join in a case. b) R.24(a) Test 1: Does the absent person claim an interest relating to the property or transaction that is the subject matter of the action? c) R.24(a) Test 2: Will that interest, as a practical matter, be impaired if the person is not allowed to participate in the case? d) R.24(a) Test 3: The absent persons interest is not adequately represented by existing parties. e) Notes: Must meet all 3. Generally if person fits R.19(a)(1)(B)(i), they meet R.24(a)(2) as well. R.24(a)(1) covers statutorily-granted intervention.

    7) R.24 Permissive Intervention


    a) R.24(b) usage: Applied when an absent person takes initiative to join a case, but cant use R.24(a). b) R.24(b) Test: Absent person has a claim or defense that shares a common question of law/fact with the main action. c) Notes: R.24(b)(3) limits scope if intervention creates undue delay/prejudice.

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