Device Permissive Joinder Permissive Counterclaim/Cross-claim Impleader Intervention Interpleader Required Joinder

of Claims Joinder of
Parties
Rule(s): 18(a) 20(a) 13 14 24 22(a) 19
ANY parties Counterclaim: pleader against opposing ∆ (third-party π) & π’s if Nonparties seeking to
Used by: asserting a claim π’s & ∆’s party claim is brought against it join π Court
Counterclaim: pleader against coparty
Collecting/adding claims in a reaction to Bringing in nonparty (third- Nonparties enter Adding parties to whom π may Adding parties who have a stake in the
Used Joining claims Joining parties claims brought by opposing party party ∆) who is liable to ∆ litigation to protect be liable litigation
for: for all/parts of π’s claim interests
against D
13(a) – COMPULSORY 14(a)(1) Derivative liability:
COUNTERCLAIMS third party ∆  ∆  π
At time of service, party must state any 24(a) by right
claims against an opposing party: 14(a)(2) ONCE IMPLEAD, Court must permit 19(a) Required Party: Party who will
(1) arising out of the same T&O, and (2) THIRD-PARTY ∆: intervention of anyone not deprive court of Jx MUST be
π: (1) assert joint that does not require new party that (A) must assert R12 who: joined if: (1) court can’t afford
right to relief destroys Jx defenses against ∆, (B) must (1) Has statutory right complete relied w/o party, or (2) party
arising from assert 13(a) compulsory to intervene, or π may join as ∆ any person w/ claims an interest relating to subject of
same T&O, & 13(b) PERMISSIVE counterclaim against ∆, & (2) claims interest claims that may expose π to an action & disposing of action w/o
(2) common Q COUNTERCLAIMS may assert 13(b) permissive relating to property or double or multiple liability. that party may: (a) practically impair
of law or fact At the time of service, party must state: counterclaims transaction & party’s ability to protect that interest, or
Party may join any will arise (1) any claim that’s not compulsory (2) (c) may assert against π any disposing of action π may interplead any party to (b) leave existing party subject to
claims, even if against an opposing party defense ∆ has against π’s w/o party may impede which it may be liable for the multiple or inconsistent liabilities
Requires they’re unrelated, ∆: (1) right to claim (d) may assert against on ability to protect same claim as D.
: against opposing relief asserted 13(g) CROSSCLAIMS (not compulsory) π any claim arising out of the interests 19(b) Indispensable Parties
party against them (1) claim must arise from same T&O as same T&O that is the subject Proper even if: (1) claims lack If required party cannot be joined,
jointly/arising subject of original action, or (2) claim of π’s action against ∆ 24(b) permissive common origin, are adverse, or court must determine whether action
from same T&O, relates to any property that is the subject Anyone may intervene, independent; (2) π denies any or should proceed, considering: (1) extent
& (2) common of the original action 14(a)(3) π  third-party ∆: on timely motion, part of any liability to which absent party may be
Q of law or fact may assert any claim arising who: (1) has statutory prejudiced by a judgment (2) extent to
will arise EXCEPTIONS out of the same T&O. Then, right (2) asserts claim which any prejudice could be lessened
13(a)(2) Crossclaims not compulsory if: third-party ∆ must assert sharing common Q of by protective measures in the
(1) when action started, claim was subject R12 defenses & 13(a) law/fact judgment, shaping the relief, or other
of a pending action, or (2) opposing party compulsory counterclaims, measures (3) whether judgment would
sued by attachment or other process may assert 13(b) permissive 24(c) Motion must be adequate (4) where π would have
counterclaims or 13(g) state grounds & adequate remedy if action were
13(e) Court may permit supplemental crossclaims include pleading of dismissed for non joinder
pleading to include counterclaim arising original action.
after serving after serving an earlier 14(b) π may implead, once
pleading claim brought against it, if
rules allow ∆ to do so
Commo Factor test: weighed together in deciding
n Law: to join/sever: Same Transaction/Occurrence (T&O):
- Are the issues of fact & law
Whether issues sough to be tries largely the same?
separately are significantly different from - Would the claim be precluded
one another, whether separable issues from in a subsequent suit?
require testimony from different witnesses - Would substantially the same
& different documentary proof, whether evidence be required?
party opposing severance will be - Is there any logical
prejudiced if it was granted/not granted relationship?