Federal Rules Of Civil Procedure: Joinder Of Parties

Front 1

What can the defendant do if another party (not added into suit by plaintiff) may be liable for the claim he is being sued for?

Back 1

Rule 14 - Impleader

Front 2

When would joinder of parties be required?

Back 2

Three Tests under Rule 19:
--19(a)(1) - Without absentee, the court cannot accord complete relief among the parties

--19(a)(1)(B)(1) - Absentee's interest may be harmed if she is not joined.

--19(a)(1)(B)(2) - Absentee's interest may subject defendant to multiple or inconsistent obligations.

Front 3

If joinder of parties by a court is required, is it feasible?

Back 3

Yes if court has PJ over parties and joinder would not violate diversity.

**Note: for parties joined under Rule 19, PJ is permitted if they are served within 100 miles of the courthouse that issued the summons.

Front 4

Joinder is required, but the court has no PJ. What happens to the suit?

Back 4

Rule 19(b) - The court can either choose to proceed without the required party or dismiss the case.

Front 5

What if the plaintiff wants to join other parties? What about the defendant?

Back 5

Rule 20 - (Permissive Joinder)
--20(a)(1)(A) - multiple plaintiffs ok as long as claims arise out of same transaction or occurrence, and share in common a question of law or fact.
--20(a)(2)(A) - same rule but for defendants.