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Adding Parties or claims to an action (Parties (Compulsory Joinder FRCP 19…
Adding Parties or claims to an action
Parties
Compulsory Joinder FRCP 19: A party subject to service of process, whose joinder will not deprive the court of SMJ must be joined if
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
Permissive joinder FRCP 20 (required consent of the plaintiff(s))
Plaintiffs may join or be joined 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
Defendants may be joined in one action if
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 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.
FRCP 22/28 USC 1335 Interpleader
FRCP 24 Intervention
Claims
FRCP 13 Counter/Cross claim
Permissive counterclaim
any claim that is not compulsory
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
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
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