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Joinder (Claims (Counter Claims (don't raise, it's waived,…
Joinder
Claims
Counter Claims
don't raise, it's waived
generally supplemental jd.
logical relationship test
FRCP 13(a)(b)
FRCP 18
Cross Claims
Same STO
Supplemental Jd.
Optional
Not possible to be compulsory
applies to original claims, counter, cross, or 3rd party
must have independent claim
must meet subj. matter and venue requirements
Parties
Permissive
#
#
STO?
common question of law or fact?
FRCP 20
Compulsory
Absent party may be joined?
Complete relief precluded?
Impedes ability to protect the interest?
FRCP 19
Can absent party be joined?
Personal & Subj. Matter Jd.?
Should action proceed without absent party?
Equity & Good Conscience?
adequacy of judgment
prejudice
extent prejudice can be avoided
availability of adequate representation in another forum
Impleader
claim for indemnity or contribution
must have personal and subj. matter jd.
supplemental jd can be invoked
only permissive claims
can't be used to shift blame
3rd parties may assert claims
cross claim
counter claim
FRCP 14
Intervention
As of right
Permissive
timely
not compulsory
Potentially Impair Interest?
Not Adequately Represented
FRCP 24
Interpleader
allows stakeholder to avoid double liability
"jump ball"
FRCP 22 28 USC 1335