Joinder

Question 1

When can a defendant join a necessary party over a plaintiff’s objection?

Answer 1

A necessary party may be joined by a defendant if

1. the court cannot accord complete relief among existing parties if the absent party is not joined or;
2. the absent party claims an interest in the action that would as a practical matter be impaired or impeded if that person is not joined or;
3. the person’s absence may leave any of the parties subject to a risk of multiple liability or inconsistent obligations

Question 2

compulsory counterclaim

Answer 2

is a claim made by a defendant against a plaintiff that arises out of the same transaction or occurrence as the plaintiffs claim and is forfeited if it is not raised in the same lawsuit

Question 3

Permissive Counterclaim

Answer 3

is a claim that is brought by the defendant against a plaintiff and the defendant’s claim does not arise from the same transaction or occurrence as the plaintiff’s claim

(may be brought now or later in a different suit)