Civil Procedure Ii

Front 1

Intervention

Back 1

Rule 24

procedure by which a party not name in a lawsuit but with a personal stake in the proceeding becomes part of the lawsuit.

Front 2

Intervention of right

Back 2

24(a)

If interest relating to the property or transaction that is the subject of the action, AND disposition of the action may impair or impede the "would-be" intervenor's ability to protect that interest, then you have a right to intervene, UNLESS the intervenor's interest is adequately represented by existing parties.

23(a)(1) OR if there is a US statute conferring an unconditional right to intervene.

Front 3

Intervention burden

Back 3

on the would be intervenor to show inadequate representation and the burden is minimal.

Front 4

Permissive Intervention

Back 4

24(b)

Would-be intervenors claim or defense and the main action have a question of law or fact in common, OR there is a US statute conferring a conditional right to intervene. The court has the discretion to decide whether intervention should be allowed.

Front 5

Time application of Intervention

Back 5

when the intervenor knew or should have known of his interest in the case, whether there was prejudice to existing parties from the delay in seeking information, whether there would be prejudice to the "would-be" intervenor if intervention was denied, and any unusual circumstances.

Front 6

Intervenor

Back 6

once a part of the action, the intervenor is bound by the court's rulings as if he had been a part from the inception of the suit.

Front 7

Rule 24(a) Interests

Back 7

must be similar but do not have to be identical

Front 8

Zone of Interest

Back 8

the interest must be one which the substantive law recognizes as belonging to or being owned by the applicant

general interest in the public welfare is not a sufficient interest.

Front 9

Class Actions

Back 9

Rule 23

You can have plaintiff classes or defendant classes

Front 10

Prerequisites to a Class Action

Back 10

23(a)

1.Class must be so numerous that joinder of all members is required (30-40)
2. Questions of law or fact common to the class
3. Typicality - the claims or defenses of the representative parties are typical of the claims and defenses of the class
4. Adequate Representation- the representative parties will fairly and adequately protect the interests of the class

Front 11

Class Actions Maintainable 1

Back 11

23(b)(1)

suit where there is close identity of interest and compelling reasons to avoid individual litigation; usually situations like those calling for compulsory joinder under Rule 19 - not very common.

Front 12

Class Actions Maintainable 2

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23(b)(2)

suit for injunctive or declaratory relief against a party who had acted or refused to act on grounds generally applicable to the class. It is sufficient if class members complain of a pattern or practice that is generally applicable to the class as a whole. Adopted in order to permit the prosecution of civil rights actions. This type is described as "mandatory" because the class members are not permitted to opt out.

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Class Actions Maintainable 3

Back 13

This class action can be for monetary damages. This is the class mass tort.

Front 14

Compliance with Rule 23(b)

Back 14

doesn't necessarily equate to compliance with the due process clause

class might not get notice and lawyers could not botch the case

Front 15

Determining by order whether to certify a class action; appointing class counsel; notice and membership in class; judgment; multiple classes and subclasses

Back 15

Rule 23(c)

A court must at an early time determine by order whether to certify a class action.
The order must define the class and class claims
The order may be altered.
Judgments must state who the court finds to be members of the class
When appropriate, an action may be brought or maintained as a class action with respect to particular issues.

Front 16

Order in Conduct of Actions

Back 16

Court may make appropriate orders (1) determining the course of proceedings/preventing undue repitition
(2) requiring notice be given in a certain manner/gving members the opportunity to signify whether they consider representation fair and adequate
(3) imposing conditions on the representative parties
(4) requiring the pleadings to be amended to eliminate allegations as to representation of absent parties

Front 17

Settlement, Voluntary Dismissal or Compromise

Back 17

23(e)
(1) The court must approve S, VD, or C
(2) The court must give direct notice to all class members who will be bound
(3) Court may approve only after a hearing and on finding the S, VD, or C is fair, reasonable, and adequate.
(4) Parties must file a statement

Front 18

Class Action Appeals

Back 18

23(f)

court of appeals may in its discretion permit an appeal for an order of a district court to denying or granting class action certification; if application is made within 10 days .