Tx Civil Procedure: Joinder Of Claims And Parties

Front 1

Permissive Joinder of Claims

- P may join all CoA she has against a single D in one lawsuit.
- OK even if unrelated CoA

Back 1

D in answer asserting a counterclaim may join as many claims as she may have against opposing party.

Front 2

Counterclaim

Claim by one party against an opposing party seeking some affirmative relief.

Permissive: may be brought in same action of D has option of asserting permissive counterclaim in separate suit against P

Back 2

Compulsory Counterclaims:

- be w/in court jurisdiction
- not be subject of pending action at time counterclaim's filed;
- arise out of same transaction/occurrence that's subject matter of principal action;
- be a claim that pleader has at time of filing;
- not require presence of 3d parties over whom court can't acquire jurisdiction

If counterclaim qualifies as compulsory, must be asserted against P in pending action, or its subject matter will thereafter be barred.

Front 3

Crossclaim

Claim by one party against a co-party (e.g., D1 vs. D2).

Back 3

Must arise out of same transaction or occurrence that's subject matter of the original action. Generally permissive.

Front 4

Permissive Joinder

All may join in one action as Ps and Ds if they satisfy:

- claim for/against party is asserted jointly, severally, or in the alternative;
- claims asserted for/against parties against parties out of same transaction, occurrence or series of transactions or occurrences; and
- common questions of fact or law

Back 4

Impleader & Third Party Practice

- D who asserts a 3d party claim--> 3d party plaintiff [3 party petition]
- 3d party P must have citation and 3d party petition served on 3d party D
- 3d party P need not obtain leave to make the service if he files 3d party petition not later than 30 days after he serves his original answer. Otherwise, D must obtain leave on motion stating claim, basis, relationship to primary claim. D must give notice of motion to all parties.

Front 5

Interpleader

Back 5

Allow stakeholder to avoid exposure to double/multiple liability bc it provides a forum in which all claims to the stake may be litigated.

Front 6

Multidistrict Litigation

- D avoids duplicating same pretrial activity in separate proceedings
- Judicial Panel on Multidistrict Litigation (MDL Panel) empowered to transfer factual related cases pending in multiple counties to a single court for consolidated pretrial proceedings
- Party in case or trial court may transfer; requires written motion/request filed with MDL panel

Back 6

MDL Panel may order transfer based on a finding that related cases involve one or more common questions of fact, and transfer will be for convenience of parties and witnesses and will promote just/efficient conduct of related cases.

Front 7

Filing of Motion for Transfer does not limit jurisdiction of trial court or suspend proceedings in that court. If MDL Panel grants the motion, a notice of transfer is filed in the trial court and the pretrial court.

Back 7

Pretrial court is authorized to decide all pretrial matters in all related cases transferred to the court. Case in which pretrial court has rendered a final and appealable judgment will not be remanded to trial court.

Pretrial court may order remand for trial when pretrial proceedings have been completed w/o entry of final and appealable judgment.

Front 8

Motion for leave to designate non-parties as responsible third parties

- Must be filed on or before the 60th day before trial date except for good cause.
- D must plead sufficient facts to raise a genuine issue regarding designated person's responsibilities for the harm.

Back 8

- Includes any person alleged to have caused or contributed to causing the harm for which recovery is sought.
- Includes a bankrupt, a criminal, person beyond court's jurisdiction, an employer with workers' compensation immunity.

Front 9

Proportionate responsibility

- Fact finder determines degree of responsibility for various persons.
- Responsible 3d party's conduct is considered by jury when allocating fault for P's injuries [without having to join the party]

Back 9

Designation procedure does not affect 3d party nor substantive rights to indemnity granted by contract, statute or common law. But joinder might be futile bc party joined is beyond court's jurisdiction or is bankrupt.