Complaint and Joinder of Parties

Question 1

What are complaints like in General District Court?

Answer 1

• Informal
• Can file a regular complaint, but often, “complaints” are simply forms to fill out (sometimes called a “warrant in debt” or “summons for unlawful detainer.”

Question 2

What are the basic requirements for complaints in Circuit Court?(2)

Answer 2

1. Must contain the facts that establish the plaintiff’s claim for relief
2. Must include a demand for relief

Question 3

What is an “Ad Damnum Clause” and what is its importance?

Answer 3

It is a clause that states how much the plaintiff is demanding. The plaintiff cannot recover more than is stated in the clause.

Question 4

Does the complaint need to be consistent?

Answer 4

Nah, you can plead alternative facts and theories of liability

Question 5

What is the rule concerning essential documents and complaints?

Answer 5

If the plaintiff does not attach essential documents to the complaint, the defendant can file a motion “craving oyer.”

Craving oyer = “a request to require that a document sued upon, or a collateral document which is necessary to the plaintiff’s claim, be treated as though it were part of the plaintiff’s pleadings.”

Question 6

Every complaint must be signed, which signifies: (3)

Answer 6

• signor has read the complaint
• signor believes it is supported by sufficient faccts and law
• complaint is not offered for an improper purpose (like harassment or delay)

Question 7

What can happen if the complaint is not signed?

Answer 7

It can be STRICKEN

Question 8

In what name does a minor bring suit?

In what name is a minor sued?

Answer 8

She should sue in her own name, by John Doe, her next friend
She should be sued in her own name, but the court must ensure that the minor is represented by an attorney

minor P: must be filed by a next friend

Question 9

How do you sue an incompetent?

Answer 9

If he has a substantial estate, there is a formal proceeding appointing fiduciary to act for the mentally incompetent person.

Then, you sue the fiduciary that was appointed

Question 10

How is an incompetent sued without a fiduciary?

Answer 10

Any judgment is invalid, unless both:

1. incompetent represented by a lawyer who entered an appearance for her
2. Suit is not to encumber incompetent’s land

next friend pleading

Question 11

How does an incompetent sue without a fiduciary?

Answer 11

Either:

• Guardian sues
• Incompetent sues in own name, by next friend

next friend pleading

Question 12

How are imprisoned people handled?

Answer 12

similar to those that are incapacitated.
Instead of a fiduciary, the court will appoint a “committee” which is actually one person.

Question 13

How are deceased persons handled? (3 things to know)

Answer 13

If someone dies while a lawsuit is pending, the lawsuit continues and the person’s heir or personal representative will take over.

if a person is liable and dies before liability is determined, the liability is passed on to their estate.

Ultimately, upon the decedent’s death, a “personal representative” is substituted as the new party.

Question 14

When can multiple plainitff’s join together? What about those jointly injured in an accident?

Answer 14

They must have joint legal rights (e.g., lawsuit dealing with jointly owned home)
Ps who are jointly injured in the same accident CANNOT join together (Different from Fed. Rules!)

Question 15

When can a P sue multiple Ds?

Answer 15

When the claims against the Ds arise out of the same transaction or occurrence.

Question 16

Necessary Party Joinder

What is Necessary Party Joinder?

Answer 16

Arises when a person or entity has a significant interest in the litigation, but is not a party.

Question 17

Necessary Party Joinder

To determine whether join the person or entity, the court asks: (3)

Answer 17

1. Is the absent party necessary
2. if necessary, can the party be joined
3. if the absent, necessary party cannot be joined, should the court continue with the suit or dismiss the entire action?

Question 18

Necessary Party Joinder

When is a party necessary? (3)

Answer 18

• The party has an interest that might be impaired if left out of the litigation;
• complete relief cannot be issued in the party’s absence;
• the current parties would be subject to duplicative or inconsistent liability

I think this is an “or” situtation

Question 19

Necessary Party Joinder

are joint tortfeasors necessary parties?

Answer 19

No, as a rule, they are not necessary

but multiple D’s can be joined if the claims against them arise out of the same T/O

Question 20

Necessary Party Joinder

Key reason necessary party cannot be joined?

Answer 20

lack of PJ

Question 21

Necessary Party Joinder

what factors (3) does a court consider in deciding whether to continue the case or dismiss it if a necessary party cannot be joined?

Answer 21

The court will consider:
* the extent of prejudice to the missing party
* whether there are ways to lessen the prejudice
* whether there is another forum in which the plaintiff can join all parties

Highly discretionary

Question 22

Interpleader

What is interpleader?

Answer 22

When one party is stuck between two other competing parties. For example, K has a life insurance policy with Insurance Co. A and H, former spouses, claim the proceeds. Insurance Co. may file an interpleader action to determine who should receive the funds.

Question 23

Nomenclature: misjoinder and nonjoinder

What does “misjoinder” mean, and what does “nonjoinder” mean?

Answer 23

• Misjoinder: when a party has been inappropriately joined
• Nonjoinder: when a necessary party should have been joined but was not

Question 24

How does a party intervene in a pending action?

Answer 24

A new party may by leave of court file a pleading to intervene as a plaintiff or defendant to assert any claim or defense germane to the subject matter of the proceeding. Courts have considerable discretion in granting or refusing such a request.