Joinder Of Claims And Parties

Front 1

Joinder of Claims

Back 1

Federal Practice FRCP 18; A single Plaintiff may join any and all claims against a single Defendent.

Front 2

Compulsory Claims Joinder Rule

Back 2

No Joinder rule requires P to join claims, even if related, in one suit.
Common law: Res Judicata, requires P to join related claims ( no claim splitting)

Front 3

Counter Claims

Back 3

Federal Practice: An affirmative claim asserted by D in his answer against the P.

Front 4

Compulsory Counter Claims

Back 4

If counterclaim arises out of the same transaction and occurence (logical relation test)it must be asserted or the claim will be barred in subsequent suits.
Supplemental Jurisdiction over compulsory counterclaims.

Front 5

Permissive Counter Claims

Back 5

If counterclaim does not arise out of the same T & O, it may be asserted at the D's option.
No supplemental jurisdiction.

Front 6

Cross Claims

Back 6

A permissive claim by a party against a co-party asserted in the answer, that arises out of the same T & O that is the subject of the orig. action.

Supplemental jurisdiction over proper cross claims in Fed. court.

Front 7

State practice/ Cross Complaint

Back 7

CA recognizes a cross complaint asserted by D against any party, as a separate pleading.

Front 8

Joinder of Parties
Necessary Party

Back 8

A party should be joined.
1) In absence, complete relief cannot be accorded among existing parties.

2) Interest in suit is such that;
a. Impair or impede his ability to protect that interest in later proceeding.
b. Expose parties to the lawsuit to a substantial risk of double, multiple or otherwise inconsistent obligations.

Front 9

Joinder of Parties
Indispensable Party

Back 9

A necessary party whom it is not feasible to join and in whose absence the lawsuit "in equity and good conscience" should be dismissed.

Front 10

Impleader

Back 10

A defendent is permitted to bring into the lawsuit an additional party (not party to the orig. action) who is or may be liable to the D for all or part of the orig. P claim against the D.

Impleader permits d to join a derivative or contingent claim for indemnity.

Front 11

Intervention

Back 11

A nonparty, upon timely application, may voluntarily become a party to a lawsuit between other parties in order to protect his interest.

Front 12

Intervention as of Right

Back 12

A nonparty must be allowed to intervene when on claims:
1) interest to property or transaction
2) Impair ability to protect party'sinterest if not included.
3) Existing parties cannot protect party's interest.

Supp. Jurisdiction for claims asserted by one who intervenes as a matter of right. Exception; to do so would be inconsistent with diversity requirements.

Front 13

Permissive Intervention

Back 13

1) Independent source of SMJ
2) Common issue of law or fact
3) Statute confers a conditional right.

Front 14

Interpleader

Back 14

A joinder devise by which a person holding property who maybe subject to inconsistent claims can join all claimants in one interpleader action and require them to litigate among themselves to determine property rights.

Front 15

Federal Interpleader
Rule FRCP 22

Back 15

1)Allows stakeholder to assert claim of right
2) All SMJ(Diversity req.), PJ and venue requirements apply.

Front 16

Statutory Interpleader

Back 16

1) One claimant must be adverse to another.
2) $500 or more
3) Venue - Any district where claimant resides.