Adding Parties or claims to an action

Parties

Claims

Compulsory Joinder FRCP 19: A party subject to service of process, whose joinder will not deprive the court of SMJ must be joined if

Permissive joinder FRCP 20 (required consent of the plaintiff(s))

Disposing of the action in the proposed party's absence would, as a practical matter impede or impair their ability to protect the interest

The party's absence would subject an existing party to a substantial risk of multiple or inconsistent obligations

the court cannot accord complete relief among existing parties

When joinder is not feasible, the court must determine in equity and good conscience whether to proceed among existing parties or should be dismissed, considering:

would judgment rendered in the party's absence prejudice that person or existing parties

Can prejudice be lessened or avoided by progective provisions, shaping relief, other measures

would judgment rendered in the person's absence be adequate

would the plaintiff have an adequate remedy if the action is dismissed for nonjoinder

Plaintiffs may join or be joined if

Defendants may be joined in one action if

there is an assertion of right to relief with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and

Any question of law of fact common to all plaintiffs will arise in the action

there is an assertion of a right to relief with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences and

any question of law or fact common to all defendants will arise in the action

FRCP 13 Counter/Cross claim

Permissive counterclaim

Compulsory: counterclaimss are mandatory if the claim

arises out of the transaction or occurrence that is the subject matter of the opposing party's claim

Does not require adding another party over whom the court cannot acquire jurisdiction

any claim that is not compulsory

crossclaim against a coparty

one party may claim against a coparty if it arises out of the transaction or occurrence that is the subject matter of the original action or of a counterclaim

FRCP 14 impleader

A defending party may, as a third party plaintiff, serve a summons and complaint on a non-party wno is or may be liable to it for all or part of the claim against it.

Joinder of claims FRCP 18

A party asserting a claim, counterclaim, crossclaim, or third party claim may join as many claims as it has against an opposing party

FRCP 22/28 USC 1335 Interpleader

FRCP 24 Intervention