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CivPro Joinder Chart
CivPro Joinder Chart
CivPro Joinder Chart
ule
Who is
making the
ction?
Who is
eing
oined?
elationshi
to
riginal
laim?
ssues/
uestions
o consider
Permissiv
e Party
Joinder
Compulsory Party
Joinder
Indispensible
Parties
Compulsory
Counter
claim
20
P: 20(a)
19(a)
Court 19(a)(2)
19(b)
Court 19(a)(2)
P2: 20(a)
(1)
D2: 20(a)
(2)
NP if feasible
(A): T/O
(B): CQLF
NP if not
feasible
(jurisdiction)
but
indispensible
in equity and
good
conscience
suit should
cont:
Prejudice,
adequacy,
other
remedies for P
13(a)
Any
opposing
party
Opposite
opposing
party
P is the
master
of the
suit
Mosley
Helzburg: not
applicable to
inconsistent
obligations
that are
imposed by
the party, not
the court (two
contracts)
(1)(A): T/O
(1)(B): does
not require
adding
someone
that court
cant get
jurisdiction
At the time
of service.
(2)(A):
Except if
the claim is
subject of
another
pending
action
Permissiv
e
Countercl
aim
13(b)
Any
opposing
party
Opposite
opposing
party
Cross Claim
(permissive)
Impleader
13(g)
Co-party
Any claim
that is not
compulso
ry
T/O; or
Claim related
to property
that is subject
matter of
original action
14
P: 14(b)
D: 14(a)
3
D-NP: 14(a)(5)
P-3P: 14(b)
D-3D: 14(a)
P-3D: 14(a)(3)
3
D-P: 14(a)(2)
(D)
Derivative
liability: pass
on liability to
3
D.
Other co-party
May include a
claim that the
co-party is or
may be liable
for all or part
of the original
claim
(indemnificati
on against a
party
ALREADY in
the suit,
otherwise use
14)
T/O: arising from the same transaction or occurrence, or series of transaction or occurences
Indicators (Plant): substantially the same evidence, logical relationship
Narrower view taken in Wingham
CQLF: any common question of law or fact
Joinder problems
Remember:
this brings in a
NEW party.
Price
D must obtain
court leave if
impleading 14
days after
serving org.
answer
Intervener
24
Court
NP if
1) Timely
24(a) of right
-statute; or:
2) claims an
interest in T/O
3) disposition will
impede ability to
protect
4) interests
arent
represented by
other party
24(b) permissive
- statute
conditional right
to interv.
- at least one
CQLF
24(c): notice
served to both
parties
24(b)(2): govt
agency
See: Natural
Resources &
Martin