Reading...
Play button
Play button
Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
4 Cards in this Set
- Front
- Back
|
Issue: When should a party be joined to a lawsuit?
|
Rule: Joinder is permissive unless a party is necessary and indispensable for the complete determination of any cause of action involved.
|
|
|
Issue: Is failure to join a party grounds for dismissal?
|
Rule: Failure to make a permissive joinder is never grounds for a dismissal. Nonjoinder of a necessary party is not grounds for dismissal until reasonable time has been given for joinder, which may be permitted at any time.
|
|
|
Issue: Procedurally, when may a party file a third-party complaint?
|
Rule: Within the time for filing his answer or later by leave of court.
|
|
|
Issue: What is the purpose of a third-party complaint?
|
Rule: A defendant may file a third-party complaint to bring any person into the lawsuit who is or may be liable for all or part of the plaintiff's claim. This permits the determination of the rights and liabilities of all parties connected with a transaction or occurrence before a single tribunal and upon the same evidence, thereby avoiding multiplicity of actions.
|
