17. joinder of Claims Flashcards
Joinder of Claims Rule
18
Rule 18 text
A party asserting a claim, counterclaim, crossclaim, or third-party claim may join, as independent or alternative claims, as many claims as it has against an opposing party
Permissive Joinder of Parties Rule
20
permissive Joinder of parties rule statement (3 key points)
Individuals may join together and sue as coplaintiffs or co-defendants.
Claims may be for different types of relief.
To join parties under R. 20 the underlying claim must:
(1) involve the “same transaction or occurrence (STOO) or series thereof”
and
(2) “raise one common question of law or fact.”
Rules that permit a court to change claims, parties and trials
Rule 21- Misjoinder of parties
R 42 - Consolidation of seperate trials
Misjoinder of parties rule statement
Misjoined parties are not a ground for dismissing an action.
The court can:
add or drop a party
or
sever a claim against a party at any time.
R21
Consolidation Rule Statement
Court may consolidate trials if an action before the court involve a common question of law or fact.
Court may order a seperate trial of claims, crossclaims and counter claims and in doing so dismiss without prejudice.
What is a counterclaim? 3 things
A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.
There are two types: permissive and compulsory.
Allowed by R13.
Two forms of counterclaims
13(a): Compulsory: Same Transaction or Occurrence. Must be made when the first issue is tried, otherwise claim preclusion applies.
13(b): Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.
Policy rational for R13 a compulsory counterclaims - 3 things
13(a): Compulsory: Same Transaction or Occurrence.
Must be made when the first issue is tried, otherwise claim preclusion applies.
Rationale—
efficiency for courts & avoid inconsistent verdicts.
Compulsory counter claims rule 3 things
R13a
A claim defendant makes against plaintiff seeking relief for the plaintiff’s actions.
Must be made when the first issue is tried, otherwise claim preclusion applies.
Exceptions to Compulsory counter claims rule 3 things
R13a
Exceptions to compulsory counterclaim rule: need not be asserted if
(a) subject to another pending action,
(b) juris over main claim not full PJ, or
(c)arises after answer.
If not raised in original action, then waived
permissive counter claims rule + nuance - 3 things
13(b)
Permissive: Any transaction or Δ’s Counterclaim 2 occurrence.
13b counterclaims not barred if omitted in original action
Res judicata - Claim and issue preclusion Policy goals - 4 things
Goals
1) relieve parties of cost and vexation of multiple lawsuits;
2) conserve judicial resources (efficiency); and
3) prevent inconsistent decisions to encourage reliance on adjudication (finality & repose).
Constitutional rule: “Full Faith & Credit shall be
given in each State to the …judicial Proceedings of every other State.
Rule statement for claim preclusion
Finality to claim precludes every matter in the same transaction
Common law doctrine
