Simple "Garden Variety" Joinder

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Simple "Garden Variety" Joinder by Mind Map: Simple "Garden Variety" Joinder

1. D'Isa's rules for Joinder

1.1. All parties are Plaintiff's or Defendants

1.2. Every claim must have SMJ

1.3. Every person must be subject to PJ

1.4. While joinder may say yes, jurisdiction and/or former adjudication may say no

1.5. Whoever or whatever gets joined for purposes of pleading and discovery may get severed for purposes of trial

2. Permissive Joinder- Rule 18 (Pleader's choice)

2.1. Federal rule 18 says one claim may be joined against that party by all other potential claims

2.1.1. Also allows the counter claim (meeting rule 13) to join any other claim against plaintiff

2.1.2. If a cross claim is valid (under rule 13 g) may be joined

2.1.3. Joinder rule will allow rule 14 to join defendant's claims against a 3rd party

2.2. Any party may take advantage of basic joinder Rules

2.2.1. Once a party has made a claim against some other party, then he may make any other claim against that party.

3. Counter Claims FRCP Rule 13

3.1. Same Transaction or Occurence

3.1.1. Issues of fact and law raised by the claim and counter claim largely the same (substantially same questions of law and fact)

3.1.2. Will substantially same evidence support or refute plaintiff's claim and defendant's counter claim? (same evidence)

3.1.3. Any logical relation b/w the claim and counter claim? (Arise out of same aggregate of operative fact. Logical relationship test)

3.1.3.1. Satisfying this test meets 1367 (a) SNOOF

3.2. Compulsory Counter Claims

3.2.1. If a claim arises out of the transaction or occurrence that is the subject matter of the opposing parties claim

3.2.1.1. Those that must be asserted NOW

3.3. Permissive Counter Claims

3.3.1. Discretion to assert any claim that is not compulsory. No claim is to removed from the subject of the plaintiff's claim to be allowed as a counter claim

4. Cross Claim rules (Rule 13 g)

4.1. Any pleading may state a cross claim by one party against a co-party if the claim

4.1.1. Arises out of the transaction or occurrence that is the subject matter of the original action or counter claim.

4.1.2. If relates to property that is the subject matter of the og. action

5. Permissive Party Joinder

5.1. Claims joined or assert together must arise out of same (or series of) transaction(s) or occurrence(s)

5.1.1. Claims arise out of common question of law or fact

5.2. As Plaintiff or defendant

6. Impleader/3rd party practice Rule 14 (a) 1

6.1. Derivative Liability theory. A defendant may join a counter claim or cross claim if meeting rule 19 and 20 (indemnity and contribution)

6.2. Impleader

6.2.1. Defendant may as a third party plaintiff serve a summons and complaint to a non party who is, or may be, liable for part or all of the claim

6.2.1.1. Occurs via contribution and indemnity

6.2.1.2. 3rd party defendant is liable to original defendant, not original plaintiff

6.2.1.3. Will not impact diversity or venue

6.2.1.4. Once established, rule 18 allows unrelated claim pursuit by the defendant