Special Pleadings

1. Interpleader

1.1. Defined: Procedure under which a party, called a "stakeholder," who may have double liability, can resolve the claims.

1.2. Example: Multiple claims involving an insurance company. If there is more than one claim against the funds to be paid, the court can be petitioned to decide who is entitled to the money, and in what amount.

2. Impleader

3. Intervention

3.1. Defined: Procedure by which a nonparty having an interest in an ongoing action can protect its rights by entering the lawsuit as an additional party. There are two types of intervention: Intervention of right and Permissive intervention.

3.2. Intervention of Right - There are two ways that a person can enter a case based on intervention of right.

3.2.1. A person can intervene in a case as a right when the law provides it.

3.2.2. A party can has the right to intervene if the person (1) claims an interest in the property that is the subject matter of the action, (2) the interest cannot be protected without adding the person to the lawsuit as a party, and (3) the person is not adequately represented by the existing parties.

3.3. Permissive Intervention - A person may intervene if he or she (1) claims an interest in the matter being litigated, (2) Or, claims an interest in the success of either party, (3) Or, has an interest adverse to both parties in the existing lawsuit.

4. Start Here - Click the Hamburger menu in the circle

4.1. Click the circle next to the white bubble to see information about the topic.

4.2. When you see an arrow next to a topic, you can click the arrow to follow the link to more information on the Internet.

4.3. When you see a paper clip icon next to a topic, there is a file you can view about the topic.

4.4. If you print this map, it will also print all the notes.