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126 Cards in this Set

  • Front
  • Back
Article 1, Sec. 8
Powers of Congress:
-Make and collect taxes
-Regulate foreign and interstate commerce
-Establish laws on bankruptcy
-Create copyright/patent laws
-Create lower courts
Article III, Sec. 1
Judicial power of US shall be vested in a supreme Court and any lower courts congress creates.
Article III, Sec. 2
Judicial power extends to cases:
-arising from Constitution, laws of US, and treaties by US
-affecting ambassadors
-admiralty cases
-w/ US as a party
-between 2 or more states
-between a State and citizens of another state
-between citizens of different states
-between citizens and foreign citizens/states
Article III, Sec. 2 (Original Jurisdiction)
SCOTUS has original jurisdiction over cases affecting:
-other public ministers
-State is a party
All other cases SCOTUS has appellate jurisdiction
Article IV
Sec. 1: Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other state

Sec. 2: Citizens of each state entitled to all privileges and immunities of Citizens of the several states.
Article VI
Constitution and Laws of the US are the supreme law of the land.
7th Amendment
-Suits at common law, right of trial by jury preserved
-No fact tried by a jury shall be re-examined in any court of the US, than according to the rules of the common law.
14th Amendment
-Everyone born or naturalized in the US is a citizen of the US
-No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the US; nor shall they deprive anyone of life, liberty, or property without due process of law
-Nor deny anyone equal protection of the laws.
Section 1251(a)
SCOTUS shall have original and exclusive jurisdiction of all controversies between two or more States.
Section 1251(b)
SCOTUS shall have original but not exclusive jurisdiction of:
-actions w/ ambassadors and other public ministers as parties
-Controversies between US and a State
-Actions or proceedings by a State against citizens of another state or aliens
Any party may appeal to the Supreme Court after an order granting or denying an interlocutory or permanent injunction in any civil action, suit, or proceeding required by an act of Congress to be heard and determined by a district court of three judges.
Cases may be reviewed by SCOTUS by:
-Writ of certiorari granted upon the petition of any party to any civil or criminal case, before or after judgment
-By certification at any time by a court of appeals of any question of law in any civil or criminal case as to which instructions are desired.
Final judgments of highest state courts may be reviewed by Supreme Court when:
-validity of treaty or statute of US is drawn into question
-validity of a state statute is drawn into question on the ground of being repugnant to the constitution or laws of US
-where any title, right, privilege, or immunity is specially set up or claimed under the Constitution or statutes
US courts of appeals shall have jurisdiction over appeals from the final decisions of the district courts of the US
US courts of appeals shall have jurisdiction over interlocutory appeals:
-dealing with injunctions, except where a direct review may be had by SCOTUS
-dealing with sales or other disposals of property
-dealing with the rights and liabilities in admiralty cases
If there is an action that normally wouldn't be appealable but which the district court believes involves a controlling question of law of which there is substantial ground for difference of opinion, the court of appeals may take the appeal.
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States (federal question).
District Courts shall have original jurisdiction over all civil actions in which amount in controversy exceeds $75,000 and is between citizens of different states, citizens of a state and citizens of a foreign state, citizens of different states in which citizens of a foreign state are additional parties, and a foreign state as plaintiff and citizens of a state.
-An alien admitted to the US for permanent residence shall be deemed a citizen of the State in which he is domiciled.
If plaintiff recovers less than $75,000, court may deny costs to the plaintiff, and may impose costs on the plaintiff.
-Corporation deemed a citizen in the state in which it is incorporated and in which it has its principle place of business.
-Legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as decedent.
-Same with representative of an infant or incompetent.
"States" in 1332 includes the Territories, DC, and Puerto Rico
District courts have original jurisdiction of any civil action under any Act of Congress regulating commerce or protecting trade and commerce against restraints and monopolies.
District courts have original jurisdiction for:
-Suit to recover damages for the deprivation of any right or privilege by an act done in furtherance of any conspiracy mentioned in section 1985 of title 42
-suit against one who fails to prevent or to aid in preventing any wrongs mentioned in section 1985
-To redress the deprivation, under color of any State law, statute, etc, of any right, privilege, or immunity secured by the Constitution of the US or by any Act of Congress providing for equal rights
-To recover damages or to secure equitable relief under any Act of Congress providing for the protection of civil rights.
District courts have original jurisdiction of all civil actions commences by the US.
District courts have exclusive jurisdiction of civil actions for claims against the US for money damages.
-No person convicted of a felony who is incarcerated may bring a civil action against the US for mental or emotional injury suffered while in custody without a prior showing of physical injury.
District courts shall have original jurisdiction of any action to compel an officer or employee of the US to perform a duty owed to the plaintiff.
Subject to subsections (b) and (c), in any civil action of which the district courts have original jurisdiction, they shall have supplemental jurisdiction over all other claims that are so related to the original claims that they form part of the same case or controversy. Includes claims that involve joinder or intervention of additional parties.
When original jurisdiction founded solely on diversity, district court will not have supplemental jurisdiction over claims:
-by plaintiffs against persons made parties under Rule 14, 19, 20, or 24
-by persons proposed to be joined as plaintiffs under Rule 19
-by persons seeking to intervene as plaintiffs under Rule 24
-when exercising supplemental jurisdiction would be inconsistent with 1332.
District courts may decline to exercise supplemental jurisdiction if:
-claim raises a novel or complex issue of state law
-claim substantially predominates over the original claims
-district court has dismissed all original claims
-other compelling reasons for declining jurisdiction
1391(a) - Venue
When jurisdiction founded on diversity, action may be brought only in:
-a judicial district where any defendant resides, if all defendants reside in the same state
-a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject to the action is situated
-a judicial district in which any defendant is subject to personal jurisdiction at the time the action is commenced, if there is no district in which the action may otherwise be brought
1391(b) - Venue
When jurisdiction founded on federal question, action may be brought only in:
-a judicial district where any defendant resides, if all defendants reside in the same state
-a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is subject to the action is situated
-a judicial district in which any defendant may be found, if there is no district in which the action may otherwise be brought
For the purposes of venue, corporation is deemed to reside in any judicial district in which it is subject to personal jurisdiction.
-If multiple districts in the state, corp resides in district with which it has most significant contacts.
1391(d) - Venue
Alien may be sued in any district.
1404 - Change of Venue
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.
-The district court of a district in which is filed a case laying venue in the wrong division or district shall dismiss, or if it be in the interest of justice, transfer such case to any district or division in which it could have been brought.
-Nothing in this chapter shall impair the jurisdiction of a district court of any matter involving a party who does not interpose timely and sufficient objection to the venue.
Any civil action brought in a state court of which the district courts of the US have original jurisdiction may be removed by the defendant to the district court for the district and division embracing the place where such action is pending. Citizenship of defendants sued under fictitious names shall be disregarded.
Any action of which district courts have original jurisdiction founded on a claim rising under the Constitution or laws of the US shall be removable without regard to the citizenship of the parties. Any other action shall be removable only if none of the defendants are a citizen of the State in which the action was brought.
1441 (c)
Whenever a separate and independent claim or cause of action within the jurisdiction conferred by 1331 is joined with non-removable claims the entire case may be removed (this clause has been rendered void by the courts)
Defendant who wants to remove shall file in the district court for the district and division within such action is pending a notice of removal containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon defendant
Notice of removal shall be filed within 30 days after defendant receives copy of the initial pleading, or within 30 days of the service of summons upon the defendant, whichever is shorter.
Promptly after filing notice of removal, defendant shall give written notice to all adverse parties and shall file a copy of the notice with the clerk of such state court, which shall effect removal and the State court shall proceed no further unless and until the case is remanded.
In any case removed, district court may issue all necessary orders and process to bring before it all proper parties whether served by process issued by the state court or otherwise
May require the removing party to file with its clerk copies of all records and proceedings in the state court or may cause the same to be brought before it by writ of certiorari
-Motion to remand for any defect other than subject matter jurisdiction must be made within 30 days after filing the notice of removal.
-If at any time before final judgment it appears the court lacks subject matter jurisdiction the case shall be remanded.
-An order remanding the case may require payment of just costs incurred as a result of removal
-Certified copy of the order of remand shall be mailed by the clerk to the clerk of the state court, at which time the State court may resume proceedings
Order remanding a case to the State court from which it was removed is not reviewable on appeal, except that an order remanding a case which was removed by 1443
If after removal the plaintiff seeks to join additional defendants whose joinder would destroy subject matter jurisdiction, the court may deny joinder, or permit joinder and remand.
The laws of the several states, except where the Constitution or treaties of the US or acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the US, in cases where they apply.
Defective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts.
Acts of the legislature or judicial proceeding of any State court correctly authenticated shall have the same full faith and credit in every court within the US and its territories and possessions as they have by law or usage in the courts of such state from which they were taken.
-SCOTUS has the power to prescribe general rules of practice and procedure and rules of evidence for cases i nthe US district courts and courts of appeals
-Such rules shall not abridge, enlarge, or modify any substantive right.
Rule 1
FRCP govern the procedure in all civil actions and proceedings in the US district courts. They should be construed and administered to secure the just, speedy, and inexpensive determination of every action and proceeding.
Rule 2
There is one form of action - the civil action.
Rule 3
A civil action is commenced by filing a complaint with the court.
Rule 7(a)
Only these pleadings are allowed:
-a complaint
-an answer to a complaint
-an answer to a counterclaim designated as a counterclaim
-an answer to a crossclaim
-a third-party complaint
-an answer to a third-party complaint
-if the court orders one, a reply to an answer.
Rule 7(b)
A request for a court order must be made by motion. The motion must:
-be made in writing unless during a hearing or trial
-state with particularity the grounds for seeking the order
-state the relief sought
Rule 4(a)
A summons must:
-name the court and the parties
-be directed to the defendant
-state the name and address of the plaintiff's attorney or - if unrepresented - of the plaintiff
-state the time within which the defendant must appear and defend
-notify the defendant that a failure to appear and defend will result in a default judgment against the defendant for the relief demanded in the complaint
-be signed by the clerk
-bear the court's seal
The court may permit a summons to be amended.
Rule 4(b)
A summons must be issued for each defendant to be served.
Rule 4(c)
-A summons must be served with a copy of the complaint.
-A summons may be served by any person who is at least 18 years old and not a party.
-At the plaintiff's request, the court may order service to be made by a US marshal or by a person specially appointed by the court.
Rule 4(d)(1)
A party subject to service has a duty to avoid unnecessary expenses of serving a summons. Plaintiff may notify such a defendant that an action has been commenced and request defendant waive service of a summons. The notice and request must:
-be in writing and addressed to the individual defendant or to an officer or other agent authorized by appt or by law to receive service service of a corp.
-name the court where the complaint was filed
-be accompanied by a copy of the complaint, two copies of a waiver form, and a prepaid means for returning the form
-inform the defendant of the consequences of waiving and not waiving service
-state the date when the request is sent
-give the defendant reasonable time of at least 30 days after the request was sent - or at least 60 days if defendant outside US - to return the waiver
-be sent by first-class mail or other reliable means
Rule 4(d)(2)
If defendant w/in the US fails, without good cause, to sign and return a waiver requested by plaintiff, the court must impose on the defendant:
-expenses later incurred in making the service
-reasonable expenses of any motion required to collect those service expenses
Rule 4(d)(3)
Defendant who, before being served, timely returns a waiver need not serve an answer to the complaint until 50 days after the request was sent - or until 90 days if it was sent to a defendant outside the US.
Rule 4(d)(4 and 5)
When plaintiff files a waiver, proof of service is not required.

Waiving service of summons does not waive any objection to personal jurisdiction or to venue.
Rule 4(e)
An individual may be served in the US by:
-following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located or where service is made
-delivering a copy of the summons and of the complaint to the individual personally
-leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there
-delivering a copy of each to an agent authorized by appointment or by law to receive service of process
Rule 4(g)
Minor or incompetent person must be served following state law.
Rule 4(h)
Corporation must be served:
-in the manner prescribed by Rule 4(e)(1) for serving an individual
-delivering a copy of the summons and of the complaint to an officer, managing or general agent, or any other agent authorized by appointment or by law to receive service of process and - if the agent is one authorized by statute and the statute so requires - by also mailing a copy of each to the defendant
Rule 4(k)(1)
Serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant:
-who is subject to the jurisdiction of a court of general jurisdiction in the state where the district court is located
-who is a party joined under Rule 14 or 19 and is served within a judicial district of the US and not more than 100 miles from where the summons was issued
-when authorized by federal statute
Rule 4(k)(2)
For a claim that arises under federal law, serving a summons or filing a waiver of service establishes personal jurisdiction over a defendant if:
-the defendant is not subject to jurisdiction in any state's court of general jurisdiction, and
-exercising jurisdiction is consistent with the US Constitution and laws.
Rule 4(m)
If defendant is not served within 120 days after the complaint is filed, court -on motion or on its own after notice to the plaintiff - must dismiss the action without prejudice or order that service be made within a specified time.
-Court must extend the time for service if plaintiff shows good cause for failure
Rule 4(n)
-Court may assert jurisdiction over property if authorized by a federal statute. Notice to claimants of the property must be given as provided in the statute or by serving a summons under this rule.
-On a showing that personal jurisdiction over a defendant cannot be obtained in the district where the action is brought by reasonable efforts to serve a summons under this rule, the court may assert jurisdiction over the defendant's assets found in the district. Jurisdiction is acquired by seizing the assets under the circumstances and in the manner provided by state law in that district.
Rule 8(a)
A pleading that states a claim for relief must contain:
-a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction
-a short and plain statement of the claim showing that the pleader is entitled to relief
-a demand for relief sought, which may include relief in the alternative or different types of relief
Rule 8(b)(1)
In responding to a pleading, a party must:
-state in short and plain terms its defenses to each claim asserted against it, and
-admit or deny the allegations asserted against it by an opposing party
Rule 8(b)(2 and 3)
-A denial must fairly respond to the substance of the allegation.
-A party that intends in good faith to deny all allegations - including jurisdictional grounds - may do so by a general denial. A party that does not must either specifically deny or generally deny all except those specifically admitted.
Rule 8(b)(4, 5, and 6)
-A party that intends to deny part of an allegation must admit the part that is true and deny the rest.
-A party that lacks information must state so, which has the effect of a denial.
-An allegation is admitted if a responsive pleading is required and the allegation is not denied. If a responsive pleading is not required, an allegation is considered denied or avoided.
Rule 8(c)
-In responding to a pleading, a party must affirmatively state any avoidance or affirmative defense
-If a party mistakenly designates a defense as a counterclaim, or a counterclaim as a defense, the court must, if justice requires, treat the pleading as though it were correctly designated.
Rule 8(d)
-Each allegation must be simple, concise, and direct.
-A party may set out two or more statements of a claim or defense alternatively or hypothetically
Rule 9(a)
Except when required to show that the court has jurisdiction, a pleading need not allege:
-a party's capacity to sue or be sued,
-a party's authority to sue or be sued in a representative capacity, or
-the legal existence of an organized association of persons that is made a party.

To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are peculiarly within the party's knowledge.
Rule 9(b)
In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake. Malice, intent, knowledge, and other conditions of a person's mind may be alleged generally.
Rule 9(c)
In pleading conditions precedent, it suffices to allege generally that all conditions precedent have occurred or been performed. But when denying that a condition precedent has occurred or been performed, a party must do so with particularity.
Rule 9(d)
In pleading an official document or official act, it suffices to allege that the document was legally issued or the act legally done.
Rule 9(e)
In pleading a judgment or decision of a domestic or foreign court, etc, it suffices to plead the judgment or decision without showing jurisdiction to render it.
Rule 9(f and g)
-An allegation of time or place is material when testing the sufficiency of a pleading.
-If an item of special damage is claimed, it must be specifically stated.
Rule 10(a)
Every pleading must have a caption with the court's name, a title, etc; title must name all the parties, etc
Rule 10(b)
Party must state its claims or defenses in numbered paragraphs, each limited as far as practicable to a single set of circumstances. A later pleading may refer by number to a paragraph in an earlier pleading. If doing so would promote clarity, each claim founded on a separate t/o - and each defense other than a denial - must be stated in a separate count or defense.
Rule 10(c)
A statement in a pleading may be adopted by reference elsewhere in the same pleading or in any other pleading or motion.
Rule 11(a)
Every pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name - or by a party personally if unrepresented. Unless a rule or statute specifically states otherwise, a pleading need not be verified or accompanied by an affidavit.
Rule 11(b)
By presenting a paper to the court, an attorney or party certified that to the best of their knowledge:
-it is not being presented for any improper purpose, such as to harass, delay, or increase cost of litigation
-the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument
-factual contentions have some evidentiary support or would likely have evidentiary support after discovery
-denials are warranted on the evidence or are reasonably based on belief or a lack of information
Rule 11(c and d)
If 11(b) has been violated, court may impose appropriate sanctions. Motion for sanctions must be made separately from other motions and must describe specific conduct. On its own, the court can impose sanctions. Sanction must be limited to what suffices to deter. This rule does not apply to discovery.
Rule 12(a)
Defendant must serve an answer:
-within 21 days after being served with the summons and complaint, or
-if it has timely waived service, within 60 days after the request for waiver was sent

A party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading

A party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies another time.

US must serve an answer within 60 days.

Serving a motion alters these periods as follows:
-if court denies the motion or postpones its disposition until trial, responsive pleading must be served within 14 days of notice
-if the court grants a motion for a more definite statement, responsive pleading must be served within 14 days
Rule 12(b)
Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:
-lack of smj
-lack of pj
-improper venue
-insufficient process
-insufficient service of process
-failure to state a claim upon which relief can be granted
-failure to join a party under Rule 19
A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If responsive pleading not required, opposing party may assert at trial any defense. No defense or objection is waived by joining it with one or more other defenses or objections in a responsive pleading or in a motion.
Rule 12(c)
After the pleadings are closed - but early enough not to delay trial - a party may move for judgment on the pleadings.
Rule 12(d)
If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
Rule 12(e)
A party may move for a more definite statement of a pleading which is so vague or ambiguous that the party cannot reasonably prepare a defense. Motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders more definite statement and it is not made, court may strike the pleading.
Rule 12(f)
Court may strike from a pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous matter. The court may act on its own, or on motion made by a party either before responding to a pleading or within 21 days after being served.
Rule 12(g)
-A motion under this rule may be joined with any other motion allowed by this rule.
-Except as provided in Rule 12(h)(2) or (3), a party that makes a motion under this rule must not make another motion under this rule raising a defense or objection that was available to the party but omitted from its earlier motion.
Rule 12(h)
A party waives any defense listed in Rule 12(b)(2-5) by:
-omitting it from a motion in the circumstances described in rule 12(g)(2), or
-failing to either make it by motion under this rule, or include it in a responsive pleading or in an amendment allowed by Rule 15(a)(1) as a matter of course

Failure to state a claim, to join a person required, or to state a legal defense may be raised:
-in any pleading allowed or ordered under Rule 7(a)
-by a motion under Rule 12(c), or
-at trial

If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action
Rule 12(i)
If a party so moves, any defense listed in 12(b)(1-7) - whether made in a pleading or by motion - and a motion under Rule 12(c) must be heard and decided before trial unless the court orders a deferral until trial.
Rule 13(a)
A pleading must state as a counterclaim any claim that - at the time of its service - the pleader has against an opposing party if the claim:
-arises out of the t/o that is the subject matter of the opposing party's claim, and
-does not require adding another party over whom the court cannot acquire jurisdiction

The pleader need not state the claim if:
-when the action was commenced, the claim was the subject of another pending action; or
-the opposing party sued on its claim by attachment or other process that did not establish pj over the pleader on that claim, and the pleader does not assert any counterclaim under this rule.
Rule 13(b)
A pleading may state as a counterclaim against an opposing party any claim that is not compulsory.
Rule 13(c)
A counterclaim need not diminish or defeat the recovery sought by the opposing party. It may request relief that exceeds in amount or differs in kind from the relief sought by the opposing party.
Rule 13(d)
These rules do not expand the right to assert a counterclaim against the US
Rule 13(e)
The court may permit a party to file a supplemental pleading asserting a counterclaim that matured or was acquired by the party after serving an earlier pleading.
Rule 13(g)
A pleading may state as a crossclaim any claim by one party against a coparty if the claim arises out of the same t/o of the original action or a counterclaim.
Defendant may, as a third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to if for all or party of the claim against it. But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer.
The third party defendant:
-must assert any defense against the third-party plaintiff's claim under Rule 12
-must assert any counterclaim against the 3PP under Rule 13(a), and may assert any counterclaim under 13(b) or any crossclaim against another 3PD under 13(g)
-may assert against the plaintiff any defense that the 3PP has to the plaintiff's claim
-may also assert against the plaintiff any claim arising out of the t/o of the plaintiff's claim
Plaintiff may assert against the 3PD any claim arising out of the same t/o as the plaintiff's claim against the defendant. 3PD must then assert defenses, etc
Any part may move to strike the 3PC, to sever it, or to try it separately.
3PD may proceed under this rule against a nonparty who is or may be liable to the 3PD for all or part of any claim against it.
Rule 14(a)(6)
If it is in maritime or admiralty, 3PC may be in rem.
Rule 14(b)
When a claim is asserted against a plaintiff, the plaintiff may bring in a third party if this rule would allow a defendant to do so.
Rule 15(a)
A party may amend its pleading once as a matter of course within:
-21 days after serving it, or
-if the pleading is one to which a responsive pleading is required, 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier

-In all other cases, a party may amend its pleading only with the opposing party's written consent or the court's leave. Court should freely give leave when justice so requires.

-Any required response to an amended pleading must be made within the time remaining to respond to the original pleading or within 14 days after service of the amended pleading, whichever is later.
Rule 15(b) - Amendments During and After Trial
If at trial a party objects that evidence is not within the issues raised in the pleadings, the court may permit the pleadings to be amended. Court should freely permit an amendment when doing so will aid in presenting the merits and the objecting party fails to satisfy the court that the evidence would prejudice that party.

When an issue not raised by the pleadings is tried by the parties' express or implied consent, it must be treated in all respects as if raised in the pleadings.
Rule 15(c)
An amendment to a pleading relates back to the date of the original pleading when:
-the law that provides the applicable statute of limitations allows relation back
-amendment asserts a claim or defense that arose out of the same t/o of the original pleading, or
-the amendment changes the party or the naming of the party against whom a claim is asserted, if it's from the same t/o and if within 120 days the party to be brought in by amendment received such notice of the action that it will not be prejudiced and knew or should have known that the action would have been brought against it, but for a mistake concerning the proper party's identity.
Rule 15(d)
On motion and reasonable notice, court may permit a party to serve a supplemental pleading setting out any t/o that happened after the date of the pleading to be supplemented.
Rule 18(a)
A party asserting a claim, counterclaim, crossclaim, or 3PC may join, as independent or alternative claims, as many claims as it has against an opposing party.
Rule 18(b)
A party may join two claims even though one of them is contingent on the disposition of the other, but the court may grant relief only in accordance with the parties' substantive rights. In particular, a plaintiff may state a claim for money and a claim to set aside a conveyance that is fraudulent as to that plaintiff, without first obtaining a judgment for the money.
Rule 19(a)
A person who is subject to service of process and whose joinder will not deprive the court of smj must be joined as a party if:
-in that person's absence, the court cannot accord complete relief among existing parties, or
-that person claims an interest relating to the subject of the action and disposing of the action in their absence may impair or impede the person's ability to protect the interest, or leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.

If a person has not been joined as required, the court must order that the person be made a party. A person who refuses to join as a plaintiff may be made either a defendant, or an involuntary plaintiff.

If a joined party objects to venue and the joinder would make venue improper, the court must dismiss the party.
Rule 19(b)
If a pereson who is required to be joined if feasible cannot be joined, the court must determine whether the action should proceed among the existing parties or be dismissed. Factors:
-extent to which the judgment rendered in the person's absence might prejudice that person or the existing parties
-extent to which any prejudice could be lessened by protective provisions, shaping the relief, etc
-whether a judgment rendered in the person's absence would be adequate, and
-whether the plaintiff would have an adequate remedy if the action were dismissed for nonjoinder
Rule 19(c)
When asserting a claim for relief, a party must state:
-name, if known, of any person who is required to be joined if feasible but is not joined, and
-the reasons for not joining that person
Rule 20(a)(1)
Persons may join in one action as plaintiffs if:
-they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same t/o, and
-any question of law or fact common to all plaintiffs will arise in the action
Rule 20(a)(2)
Persons may be joined in one action as defendants if:
-any right to relief is asserted against them jointly, severally, or in the alternative arising from same t/o, and
-any question of law or fact common to all defendants will arise in the action
Rule 20(a)(3)
Neither a plaintiff nor a defendant be interested in obtaining or defending against all the relief demanded.
Rule 20(b)
Court may issue orders to protect a party from embarrassment, delay, expense, or other prejudice that arises from including a person against whom the party asserts no claim and who asserts no claim against the party.
Rule 21
Misjoinder of parties is not a ground for dismissing an action. On motion or on its own, the court may at any time, on just terms, add or drop a party. The court may also sever any claim against a party.
Rule 24(a)
On timely motion, the court must permit anyone to intervene who:
-is given an unconditional right to intervene by a federal statue, or
-claims an interest relating to the property or transaction that is the subject of the action, and disposing of the action may as a practical manner impair or impede the movant's ability to protect its interest, unless existing parties adequately represent that interest.
Rule 24(b)
On timely motion, the court may permit anyone to intervene who:
-is given a conditional right to intervene by federal statute, or
-has a claim or defense that shares with the main action a common question of law or fact

In exercising its discretion, court must consider whether the intervention will unduly delay or prejudice the adjudication of the original parties' rights
Rule 24(c)
A motion to intervene must be served on the parties as provided in Rule 5. Motion must state grounds for intervention and be accompanied by a pleading that sets out the claim or defense for which intervention is sought.