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Joining a Party - Coggle Diagram
Joining a Party
Joinder
Permissive Joinder (Rule 20)
A person may join in one action as plaintiff if:
Claim arises out of the same transaction or occurrence; and
Any question of law or fact common to all plaintiffs will arise in the action.
Compulsory Joinder (Rule 19)
There are parties that must be joined to the suit.
Is the absent person a required party? (Person's absence will prevent complete relief to existing parties, prejudice absent person's interest, or result in multiple inconsistent obligations).
Yes :check:
Is joinder feasible? (Personal Jx over required party, SMJ preserved, and proper venue remains).
Yes :check:
Join required party :checkered_flag:
No :red_cross:
Is it equitable to proceed without the required party? (Judgment would impose slight prejudice, court can avoid or lessen prejudice judgment would be adequate, and plaintiff has no other adequate remedy).
Yes :check:
1 more item...
No :red_cross:
1 more item...
No :red_cross:
Proceed with suit
Diversity Case
Joinder of a party cannot destroy complete diversity
If Joinder destroys complete diversity:
Court will say the party is indispensable and throw out the claim; or
Proceed without that party.
Interpleader
Rule 22 Interpleader
Complete diversity required
Stakeholder is usually the plaintiff
Stakeholder brings two parties with a claim to something
No need for deposit of money or property with court
Statutory Interpleader
$500 amount in controversy
Nationwide service
Allows for minimal diversity
Deposit money/property with court
Intervention
Intervention As of Right
Interest in property/transaction
Interest is impaired
No court permission required
Permissive Intervention
Claim/defense has a common question of law or fact
Court permission is required
Impleader (Rule 14)
When a defendant brings in a third party (e.g., indemnification, contribution).
"100 Mile Bulge Rule"
Establishes Personal Jx over a party:
Added to the suit through impleader or required joinder; and
Served with process within 100 miles of the federal court where the suit is pending.